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(영문) 인천지방법원 2017.08.31 2017노2472
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year of imprisonment and confiscation) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and against the mistake, there is no record of being punished for the same crime, and it appears that there is no profit actually acquired due to the crime of this case.

However, the new type of crime resulting from the development of information and communication technology not only requires victims to undergo considerable mental symptoms, but also causes side effects that undermine the trust of society as a whole, but also takes part in the phishing crime. In the case of phishing crime, the role entrusted by the steering staff seems to be minor by merely a part of the whole crime, but such various roles can not be achieved if the role is not properly performed as an essential element for the whole crime. In light of the characteristics of the organized crime, even though the defendant withdraws the deposited money after receiving access media, it is merely impossible for the defendant to take out the money after receiving access media, and even if the role in the whole crime is not significant, it is not easy for the defendant to be subject to protective disposition against multiple juveniles due to special larceny, etc., but also the defendant's motive for the crime of this case without being able to take full account of the circumstances such as the motive for the crime of this case and the motive for the crime of this case.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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