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(영문) 울산지방법원 2018.10.12 2018노729
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 (2 million won in penalty) is too unreasonable.

2. In determining whether the Defendant was the primary offender, and the Defendant was satisfying in depth when committing the crime while committing the crime, etc., are favorable to the Defendant.

However, the transfer of an access medium for electronic financial transactions is not only impairing the reliability of the safety performance of electronic financial transactions, but also can be used as a means of various crimes because it can be distributed and used as a means of passbook. In particular, the account of this case was actually used for the phishing fraud, and there are other circumstances unfavorable to the defendant, such as the defendant's economic circumstances, age, sex, environment, circumstances after the crime, whether there was a change in the circumstances after the sentence of the lower court, and thus, the lower court's punishment appears to be within a reasonable and appropriate scope, and is 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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