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(영문) 서울중앙지방법원 2015.07.23 2015노1966
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is merely delivering to the other party the means of access, inasmuch as he/she received a telephone to grant a loan and knew that the card and passbook will be used for the singishing crime. Therefore, the Defendant does not transfer the means of access.

B. The sentence imposed by the court below on the defendant (the fine of 4,000,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court may sufficiently recognize the fact that the Defendant sent the card and passbook to the other party, after hearing the other party’s words “to give KRW 3,00,000 to the face of sending the card and passbook,” while the Defendant received text messages related to the loan and consulted by telephone.

(Evidence Records 145-147 pages) The above act of the defendant constitutes the transfer of the means of access provided for in Article 6(3)1 of the Electronic Financial Transactions Act regardless of whether the defendant knew that the card and passbook would be used for the so-called Bosing crime.

Therefore, this part of the defendant's argument is without merit.

B. There are many number of means of access transferred by the Defendant to determine the allegation of unfair sentencing, and the fact that the Defendant is currently suffering from economic difficulties is favorable to the Defendant.

However, the transfer of the means of electronic financial transactions is a crime that is abused for another crime and thus is highly likely to cause many unspecified victims. The means of access transferred by the defendant was actually used for the scaming crime and the victim was also generated.

In addition, despite the fact that the Defendant has been punished several times due to the violation of the Electronic Financial Transactions Act, the Defendant again committed the instant crime, even though he/she had the record of being punished for the violation of the Road Traffic Act and the punishment of the act of arranging sexual traffic.

. These circumstances.

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