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(영문) 대전지방법원 2013.07.25 2013노937

전자금융거래법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence of the court below by the prosecutor is too unhued and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

There are circumstances favorable to the defendant, such as the fact that the defendant confessions the facts charged in the instant case and reflects the fact that there is a family member to support, and that the profit acquired by the defendant through the instant crime appears to be not much.

On the other hand, the crime of this case is an act of taking over the means of electronic financial transactions, such as the so-called “Sing passbook”, which is abused as a means of the so-called “singing” crime, etc., and thus, the nature of the crime is grave, and the defendant has a criminal conviction of the same kind of fine, etc., which is disadvantageous to the defendant. In full view of all such circumstances and other factors, including the method and frequency of the crime of this case, the defendant’s age, character and conduct, environment, and circumstances after the crime, the court below’s punishment is too heavy or unreasonable. Thus, the defendant and prosecutor’s assertion are without merit.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.