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(영문) 서울중앙지방법원 2018.01.22 2017노3997
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The Defendant recognized and reflected the instant crime.

The number of transferred access media is only one. The defendant seems to have been in the crime of this case due to economic difficulties, and there is no profit actually acquired due to the crime of this case.

However, there is a need to strictly cope with the crimes, such as this case, because they not only impede the reliability of the safety performance of electronic financial transactions, but also are abused to various criminal acts such as Bosing frauds, etc.

In fact, the access media transferred by the defendant was used for the crime of fraud and the victim deposited money into the account connected with the access media.

In full view of all the sentencing conditions indicated in the instant case, including these circumstances, including the Defendant’s age, sex, economic circumstances, the background, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, in the instant case where there is no particular change in the sentencing conditions compared with the first instance court, the sentencing of the first instance was exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

3. As such, the defendant's appeal is dismissed on the ground that it is without merit.

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