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(영문) 서울서부지방법원 2014.10.02 2014노938
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments against the Defendants (Defendant A’s imprisonment with prison labor for six months and confiscation, Defendant B’s imprisonment with prison labor for eight months) is unreasonable.

2. The Defendants’ act of acquiring or taking over the means of access in this case has been conducted over a long period of time, and such act of electronic financial transactions seems to have been highly likely to cause damage to many victims by means of other crimes, such as fraud, and the lower court’s punishment is a punishment imposed in consideration of favorable circumstances, such as the fact that the Defendants’ mistake is divided, and other various sentencing conditions as shown in the records and arguments are considered in full. In so doing, the lower court’s punishment against the Defendants cannot be deemed unreasonable on account of the following: (a) the details and means of the instant crime; (b) the circumstances after the crime was committed; (c) the Defendants’ age;

3. In conclusion, the Defendants’ appeal is without merit and it is so decided as per Disposition under Article 364(4) of the Criminal Procedure Act.

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