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(영문) 서울남부지방법원 2015.11.13 2015노618
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the court below (hereinafter referred to as a fine of three million won) is too unreasonable in light of the following: (a) the defendant's mistake is recognized and against his will; and (b) the defendant has difficulty in economic benefits due to his old age.

2. Taking into account the circumstances alleged by the Defendant, the instant crime is an unfavorable sentencing factor, such as the following: (a) considering the circumstances in which the Defendant asserts, it is highly likely that the transferred means of access will be abused for various criminal acts, such as scaming, and thus, lead to an unspecified number of victims; (b) in this case, the actual use of the instant crime was committed; and (c) the Defendant has already been sentenced to a fine of KRW 2 million for the same kind of crime; and (d) taking into account the circumstances leading up to the instant crime, circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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