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(영문) 대전지방법원 2014.01.22 2013노1727

전자금융거래법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too unreasonable.

2. The crime of this case is determined as follows: (a) the defendant transferred the means of access by delivering the passbook and physical card of the Nonghyup Account established in the name of the defendant to the victim in the name of the defendant; and (b) the defendant was obtained and acquired the money from the victim F with no intent or ability to repay it; (c) the transfer of the means of access for electronic financial transactions is not only infringing the safety of transaction, but also facilitating the crime such as Bosing and illegal gambling, etc.; (d) the victim F is highly likely to be subject to criticism; (e) the defendant was a person who was well aware of the defendant through a golf meeting of this case, who was well aware of the victim before and after the golf meeting of this case, using the relation with the victim, was less trust of the victim; and (e) the defendant did not make efforts to recover damage until the trial for which two years have passed since the date of the crime of this case was committed; and (e) the defendant did not receive the money from the victim; and (e) the defendant's environment and character, the defendant's motive and circumstances leading to the crime of this case, etc.

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.