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(영문) 제주지방법원 2020.10.22 2019노1154
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the punishment imposed by the lower court (five million won of fine) is too unreasonable, the instant crime is not deemed unfair because it is highly harmful because it not only undermines the stability and reliability of financial transactions, but also can be the means of other crimes, such as Bophishing, etc., and thus, it is necessary to strictly punish the instant crime. In light of all the sentencing conditions in the records and arguments, including the fact that the means of access in this case were used as a result of Bophishing crimes, etc., even though considering the Defendant’s economic situation and the Defendant’s primary offender who had no criminal power prior to the instant case, it is not recognized that the sentence imposed by the lower court on the Defendant for the reasons stated in its reasoning is too unreasonable.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “Electronic Financial Transactions Act” in Article 18 of the Regulation on Criminal Procedure is amended ex officio to mean “former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020)”.

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