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(영문) 인천지방법원 2014.06.20 2014노892

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment that the defendant committed the crime of this case and committed a mistake is favorable to the defendant.

However, the court below seems to have determined punishment by fully considering the circumstances favorable to the defendant, and there seems to be no change of circumstances that could vary from the judgment of the court below, and there is a need to strictly punish the defendant because the passbook, etc. is abused in the crime of fraud when transferring the means of access by financial institutions, such as passbook, cash card, etc. like the crime in this case, and it is necessary to strictly punish the defendant. However, even if the defendant was sentenced to a fine several times due to the same kind of crime, and he was sentenced several times of punishment due to the same crime, the defendant committed the crime in this case during the period of repeated crime, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and happiness environment, and circumstances before and after the crime, etc., it cannot be deemed unfair for the court below to have imposed punishment on the defendant too too.

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