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(영문) 서울남부지방법원 2018.05.01 2017노392

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. In light of other conditions of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the fact that the Defendant did not have any history of punishment for the same kind of crime, and that the Defendant appears to be against the mistake, but there is a need to strictly punish the transfer of the access medium for electronic financial transactions because it can be used as a means of other crime; the Defendant’s transfer of the access medium for electronic financial transactions was abused by the Defendant’s account and was used for the crime of investment money fraud; and there is no other reason to reduce the amount of punishment after the lower judgment’s new consideration of sentencing. Thus, the lower court’s punishment is deemed appropriate in light of various conditions of sentencing as shown in the arguments, such as the circumstances after the crime. Therefore, the above assertion by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.