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(영문) 부산지방법원 2017.12.22 2017노3940
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (10 months of imprisonment, confiscation) is too unreasonable.

2. It is recognized that the judgment of the defendant is divided into his mistake, the primary offender, the restoration of damage, and the agreement with the victim P.

However, the so-called “Sishing” crime is a major crime subject to the economic and social weak, causing more difficult situations to the victims by using the boomed place, causing serious damage to the trust of the state agencies, financial institutions, etc. of the general members as well as the victims, and resulting social harm to the society. The crime of violation of the Electronic Financial Transactions Act is a crime that provides an important means for the “Sishing” fraud, and thus requires strict punishment in light of the fact that social harm caused by the crime is very serious. The Defendant: (a) removed the physical card to be used for the crime of “Sishing” from an employee of the “Sishing” and deposited the withdrawn cash into the account designated by the organization of the “Sishing” group; and (b) assisted and assisted the Defendant to commit the crime of fraud in the entire context of the crime of “Sishing.”

Considering the fact that it cannot be seen, the degree of the Defendant’s participation in the crime, the number of media access to the custody, the age, sexual conduct, environment of the Defendant, the motive, means and consequence of each of the instant crimes, and the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, 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, and it is so decided as per Disposition (the judgment of the court below).

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