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(영문) 서울중앙지방법원 2018.07.20 2018노826
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the penalty (2 million won) imposed by the lower court is too unreasonable.

2. It is recognized that the judgment of the defendant is against the defendant's consent to the crime of this case, and the defendant seems to have no profit acquired by the crime of this case and to have difficulty in economic circumstances.

However, the transfer of an access medium, such as the crime of this case, not only damages the trust in electronic financial transactions, but also can be used as a means of various crimes because it can be used as a means of crime by distributing it in the presidential passbook. The crime of this case, the account of this case transferred by the defendant was actually used in the crime of fraud, the defendant was placed at the place of suspension of indictment for the same crime immediately before the crime of this case, but it seems that the court below sentenced a minor punishment more than the summary order (4 million won) by fully taking into account the circumstances favorable to the defendant, and the court below's sentencing conditions as shown in the argument of this case, such as the defendant's age, sex, environment, and circumstances after the crime, are deemed to be reasonable and appropriate. It cannot be said that the court below's punishment is excessively unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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