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(영문) 서울동부지방법원 2015.05.21 2015노145
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won imposed by the court below on the defendant is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of a crime and his mistake is repented, age is high, economic difficulty is poor, and the primary offender is considered.

On the other hand, the defendant transferred the means of access to 6 million won per month. Since such act of the defendant can be used as a means of other crime that causes many social harm, such as scam and scam, it is necessary to punish such crime. Thus, even in order to prevent such crime, the crime of acquiring 4,180,000 won from C using the deposit account actually transferred by the defendant, the crime of obtaining a fine of 2,00,000 won has occurred, and the court below already reduced the fine to 1,00,000 won for the defendant who requested a formal trial after receiving a summary order of 2,00,000 won, other conditions of sentencing prescribed in Article 51 of the Criminal Act including the defendant's character and behavior, environment, motive, result, etc., the sentence imposed by the court below against the defendant is appropriate

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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