(영문) 서울중앙지방법원 2018.12.20 2017노3184

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자간(%)

(영문) 서울중앙지방법원 2018.12.20 2017노3184

전자금융거래법위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder is committed in a state of mental and physical loss or mental weakness.

B. The sentence sentenced by the court below to the defendant (the sentence of 2 years of suspended sentence in August, community service, 160 hours, 1 to 3 days of suspended sentence) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental disorder, the Defendant committed the instant crime in a state that the Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. It appears that the defendant recognized the crime of this case as well as recognized the crime of this case, and the defendant seems to have little profit from the crime of this case, and there are circumstances favorable to the defendant, such as the defendant's previous conviction and the fact that he has no record of punishment after around 1996.

However, in full view of the following circumstances: (a) the crime of this case harms the credibility of the safety performance of electronic financial transactions; (b) furthermore, aiding and abetting other crimes, such as the so-called Bosing crimes; (c) the actual Defendant’s lending account was used for the crime of Bosing; (d) the Defendant has withdrawn the money wired to one’s own passbook from the Defendant to transfer it to the phishing organization; and (e) other various circumstances, including the Defendant’s age, sexual conduct, environment, circumstances and consequence of the crime; and (e) the circumstances after the crime, etc., which are the conditions for sentencing as indicated in the records and pleadings, the punishment imposed by the lower court is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

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

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