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(영문) 서울북부지방법원 2020.05.22 2020노297
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. In light of the judgment on the grounds of appeal, the crime of this case where the defendant transferred the means of access used in electronic financial transactions to a person without the name of the victim not only disturbs financial order, but also requires strict punishment because of many cases of using the means of access such as Bosing, etc. The actual account connected to the means of access actually transferred by the defendant is used for the crime of Bosing and causing fraud exceeding 4 million won in total to eight victims. The defendant delivered the means of access to the defendant's account under the name of the victim's deception by means of remitting the money deposited in the defendant's account for the purpose of securing transaction records. The defendant was sent the money deposited in the defendant's account under the name of securing transaction records. The circumstances after the crime such as absence of credit rating and escape during the trial procedure of the court below are poor, and the defendant received a suspended sentence of imprisonment with prison labor from an employee of Bosing to the defendant for a more than two years."

On the other hand, however, the defendant tried to prevent the use of the means of access transferred by the defendant as a means of other crimes, such as recognizing the crime of this case, and confirming the defendant's direct telephone to the Financial Supervisory Service, etc. However, the defendant tried to set up a malicious case and set up the defendant's telephone so that the money deposited into the defendant's account in the defendant's account in accordance with the new type type singing method that blocks the defendant's telephone.

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