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(영문) 대구지방법원 2014.10.31 2014노1373
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00) of the lower court is too unreasonable.

2. It is recognized that the judgment of the defendant is against the confession of the crime of this case, there seems to be no benefit acquired by the crime of this case, the defendant has no criminal record of the same kind, and the defendant is in a somewhat unstable state due to a bipolar mental disorder, and there is no economic situation.

However, in light of the fact that the so-called large passbook by transferring the means of electronic financial transactions, such as the instant crime, is masse and such large passbook is abused for various crimes, the Defendant’s liability for the crime is not weak; the electronic financial transaction actually transferred by the Defendant was used for the crime; the Defendant agreed to receive compensation and transferred the means of access so that it could have been used for the crime, and the Defendant could have sufficiently predicted that the means of access provided can be used for the crime; and the Defendant has multiple types of criminal records, taking full account of the following circumstances, such as the Defendant’s age, character, character, intelligence and environment, motive and background of the crime, means and consequence of the crime, etc., the lower court’s punishment that reduced the amount of fine for the summary order is too unreasonable.

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.

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