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(영문) 대구지방법원 2016.03.18 2014노3847
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the penalty (7,000,000 won) is too unfased.

2. There are favorable circumstances such as the Defendant’s confession of a crime and the fact that C has reached an agreement on the amount of damage to the victims.

However, it is necessary to strictly cope with the transfer of electronic financial transaction access media, such as the instant crime, because it can not only undermine the stability and reliability of financial transactions, but also be the means of various other criminal acts, especially the phishing fraud crimes that become social issues, and its social harm is very high.

Meanwhile, in addition to the instant crime, the Defendant was sentenced to a fine for the commission of the crime that opened five bankbooks in other financial institutions and transferred them to a third party. In addition, the Defendant appears to have been able to have sufficiently anticipated that the passbook would be used for illegal days. In fact, the access media transferred by the Defendant was used for the commission of the phishing, thereby causing the victim.

B. A. The Defendant, even though he knew that the money deposited in the passbook transferred by the Defendant was due to criminal acts, such as Bosing, or could have been aware at least of dolusis, he withdrawn it and embezzled it. As a result, it is highly likely to criticize the Defendant because it is not much different from that of divided criminal proceeds due to Bosing.

In addition to the above circumstances, the important part of the crime of this case, such as the establishment and termination of each passbook, cannot be executed without the involvement of the defendant, who is the representative director of the head of the Tong, and therefore, the degree of the defendant's participation

It cannot be seen, the Defendant committed the instant crime without being aware of the period of repeated crime, and the Defendant’s age, sex, environment, and motive, means and result of the instant crime.

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