logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.12.08 2016노684
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (public prosecutor) is that the Defendant transferred the means of access to the account with knowledge that the Defendant’s account will be used by telephone financial fraud, and even if the acquired profit is not much, the liability for the crime cannot be deemed to be less.

Since the passbook used for the crime of telephone financial fraud is an important factor in the completion of the crime, it should be considered as an important factor in sentencing.

The account of the defendant was used in the telephone financial fraud crime, causing considerable damage.

The Defendant transferred the means of access to an unspecified person four months prior to the instant crime, and even if the said means of access was used in the telephone financial fraud crime and was investigated and subjected to disposition by an investigative agency, the Defendant transferred the means of access to an unspecified person in the same way.

Nevertheless, the Defendant consistently denied crimes and destroyed evidence from the investigation period.

In full view of these circumstances, the punishment imposed by the court below (5 million won of fine) is too uneased and unreasonable.

2. The act of transfer of the means of access, such as the instant crime, is a significant criminal act that could cause multiple damages by facilitating telephone financial fraud crimes, and the Defendant’s account was actually used for telephone financial fraud crimes.

The defendant denies the crime and does not repent of his mistake.

The Defendant had been given a disposition of suspicion by defending himself/herself as to the act of transferring the means of access by the same method as the instant crime before the number of months during which the instant crime was committed.

In addition, in full view of the defendant's age, family relation, character and conduct, career, environment, details and result of the crime, circumstances after the crime, criminal records, and all the sentencing circumstances shown in the records and arguments, the court below shall be sentenced to the defendant.

arrow