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(영문) 울산지방법원 2019.02.15 2018노1055
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 (two million won of fine) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant, while committing the crime, reflects the Defendant’s depth of the mistake while committing the crime; and (b) the Defendant has no criminal record of the same kind or suspension of execution

However, the transfer of the means of access for electronic financial transactions is not only impairing the safety and reliability of electronic financial transactions, but also can be used as a means of various crimes because it can be distributed through the passbook in large form. In particular, there are unfavorable circumstances against the defendant, such as the fact that the account in this case was actually used for the fraud of goods, and other factors such as the defendant's economic situation, age, character and conduct, environment, circumstances after the crime was committed, and whether there was a change in the circumstances after the sentence of the lower judgment, the lower court's punishment appears to be within reasonable and appropriate scope and cannot be deemed to be excessively 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.

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