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(영문) 대구지방법원 2015.11.13 2015노3424
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. The judgment of the court below is in favor of the defendant's mistake while leading to the confession of the crime of this case. Since the crime of this case is in a concurrent relationship between the crime of aiding and abetting fraud established on January 17, 2015 and the crime of this case under the latter part of Article 37 of the Criminal Act, the punishment should be determined in consideration of equity with the case to be judged at the same time under Article 39 (1) of the Criminal Act, etc. However, although the defendant knew that the crime of this case is used for the so-called "Singing" crime at the request of an employee of the lending Fraud Group, although he knows that it would be used for the so-called "Singing" crime, he was transferred the means of access connected to the financial account from the Y, who was well aware that it would be used for the crime of this case, and thus, it is not proper to consider the crime as a matter of facilitating the above crime. The defendant did not pay damages to the victim of the fraud until the trial of the court below, the defendant had been sentenced to imprisonment for two years and six months without prison labor.

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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