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(영문) 서울중앙지방법원 2016.08.11 2016노1828
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered to the Defendant (the community service order of four months, one year of suspended execution, and forty hours) is too unreasonable (the Defendant and the defense counsel appealed on July 21, 2016 on the grounds of mistake of facts and illegality in sentencing on the first trial date, but the grounds for mistake of facts were stated to the effect that only the reasons for appeal for sentencing should be withdrawn and that only the reasons for appeal for unfair sentencing should be maintained.

In full view of the fact that the reasons for appeal submitted by the defendant include the reasons for unfair appeal of sentencing, ① points out the reasons for the sentencing of the judgment below in the statement of reasons for appeal, ② the appellate court has the nature of the ex post facto in-depth examination, and thus, the reasons for appeal alleged by the defendant in the statement of reasons for appeal can be broadly affected by reasons for unfair appeal of sentencing (see Supreme Court Order 2002Mo265, Dec. 3, 2002, etc.). In full view of the following, the reasons for appeal are stated in the statement of reasons for appeal.

[2] It is reasonable to see that the Defendant recognized the instant crime and reflects on it.

The number of transferred access media is only one. The defendant has no record of punishment, which is heavier than the fine.

It seems that the health condition of the defendant is good, and the economic situation seems difficult.

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.

Although the defendant has been subject to suspension of indictment several times for the same crime, it is highly likely to repeatedly criticize the crime of this case.

In addition to these circumstances, the age, sex, family environment, and the details and motive of crimes of the defendant.

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