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(영문) 대구지방법원 2019.11.29 2019노2687
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant’s confession of the instant crime and reflects the Defendant’s health and economic situation are not good.

However, the act of transfer, lending, etc. of the means of electronic financial transactions not only compromises the safety and reliability of financial transactions, but also is highly likely to become a means of various other criminal acts, in particular, singishing fraud crimes which become social issues, and thus there is a strict need to punish the defendant. The means of access transferred by the defendant has actually been used for the crime of Bosing, damage has occurred due to the use of the means of access, and the defendant committed the crime of this case again in spite of the suspension of execution under a sentence of imprisonment with prison labor for the same criminal act, there is no special circumstance or change of circumstances that may be newly considered after the sentence of the judgment below, and there is no other special circumstances or changes in circumstances that are newly considered after the sentence of the court below, and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence

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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