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(영문) 대구지방법원 2019.08.23 2018노3402
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is in favor of the defendant who led to the confession of each of the crimes in this case, there are many profits from the crime in violation of the Electronic Financial Transactions Act, and profits from the crime in breach of trust seems to have been used by the defendant for the operation of the enterprise operated by the defendant. While the defendant has no record of punishment except that sentenced twice by the crime of violating the Road Traffic Act, the transfer and lending of the means of electronic financial transaction means not only impede the security and reliability of financial transactions, but also it is necessary to strictly punish since it can be the means of various other crimes, especially social issues, and social harm is very high, since the means of access is used for the crime in breach of trust, the damage is actually used for the crime in violation of the Electronic Financial Transactions Act, the damage amount of the crime in violation of trust is not significant, and there is no special circumstance or change of circumstances that can be newly considered after the sentence of the court below, and there is no reason to view the defendant's records, motive, means, result, etc. after the execution of the crime in this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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