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(영문) 부산지방법원 2016.10.27 2016노275
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. Determination is the circumstances favorable to the Defendant, such as the fact that the Defendant made a confession of the instant crime while committing the instant crime, the Defendant suffers from the intellectual disorder of the longitude, and on November 20, 2014, the fact that there was no record of criminal punishment in addition to the suspended sentence of a fine imposed by the Busan District Court for the crime of injury.

However, the crime of transfer of the means of access, such as this case, is highly likely to harm the stability and reliability of electronic financial transactions and cause secondary injury because it is abused for other serious crimes, such as scaming, and thus, requires strict punishment. In fact, the means of access that the Defendant transferred was used for the crime of scaming, and there is no change of circumstances that may be considered in sentencing in the trial compared with the original judgment, and other various sentencing conditions, such as the Defendant’s age, character and behavior, environment, means and method of crime, and circumstances after the crime, are considered, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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