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(영문) 전주지방법원 2016.07.15 2015노1772
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant is aged 64 years of age, the recognition of the crime of this case and the violation of the mistake in depth, the fact that the crime of this case seems to have led to the crime of this case due to economic difficulties, and the fact that the defendant seems to have actually acquired profits from the crime

On the other hand, the crime of this case is a case in which the defendant transferred a physical card and password, which is a medium access to electronic financial transactions, to a name in the name of the defendant, and the nature of the crime is not less severe; when transferring a medium access to electronic financial transactions, it may impair the safety performance of electronic financial transactions, and may be abused for other crimes, such as " Bosing," and thus, it is necessary to punish the defendant strictly. The defendant has a record of being subject to suspension of indictment for the same crime at the branch office of the Jeonju District Public Prosecutor's Office on May 30, 201, and the defendant actually abused the access medium transferred by the defendant to the crime and causes damage to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, 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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