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(영문) 서울남부지방법원 2019.02.12 2018노1852

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 (three million won of fine) is too unreasonable.

2. The Defendant did not have the same criminal record, and appears to have no profit from the instant crime.

However, the crime of this case is not only a violation of the safety and reliability of financial transactions through electronic media, but also a high risk of using it as a means of various criminal acts, and thus, cannot be deemed as the crime of this case’s promise and transfer its physical card to another person.

In fact, the physical card transferred by the defendant was used for the crime of fraud and the victim was generated.

In addition, considering the following factors, the Defendant’s age, character and conduct, family environment, background of the crime, mode of crime, and circumstances after the crime, all of the sentencing circumstances shown in the instant records and arguments, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.