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(영문) 인천지방법원 2018.05.11 2017노4305
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for appeal is that the lower court’s punishment (two million won in penalty) is too unreasonable.

2. The transfer of a market access medium is not only destroying the stability and reliability of electronic financial transactions, but also is also a soil that can continuously cause various fraud crimes, such as singishing, etc. by distributing it with the passbook. Therefore, in order to prevent such crimes in our society, the transfer of a market access medium is prohibited by the Electronic Financial Transactions Act.

The Defendant recognized all of the instant crimes, and agreed with the second criminal victim. However, on December 1, 2016, the Defendant was sentenced to a fine of KRW 3 million by the Incheon District Court on July 6, 2017, and was well aware of the fact that the transfer of the access medium was already committed prior to the instant crime and again committed the instant crime. The access medium transferred by the Defendant was used for the second crime and the second damage was inflicted on the Defendant.

In addition, given that the Defendant’s age, sex, family relationship, economic condition, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other circumstances that are conditions for sentencing as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed. It is so decided as per Disposition.

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