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(영문) 인천지방법원 2015.10.07 2015노2199
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 (two million won of fine) is too unreasonable.

2. The following facts are favorable: (a) the Defendant confessions and reflects the instant crime; (b) the Defendant did not have the same criminal record; and (c) the instant crime committed on January 22, 2015 by the court sentenced one year to imprisonment on February 11, 2015 to concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud, which became final and conclusive on February 11, 2015; and (b) it is necessary to determine punishment in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act; (c) Meanwhile, the transfer of the means of access to electronic financial transactions is a highly likely crime that is abused for secondary and other crimes and thus causes many unspecified victims to masse; (d) the means of access actually transferred by the Defendant was used for the crime; and (e) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age,

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. It is so decided as per Disposition.

However, the judgment of the court below is applicable

1. The phrase “Article 70 and Article 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)” in the column of detention in the workhouse is “Article 70(1) and Article 69(2) of the Criminal Act because it is apparent that it is an error of entry,” and such rectification is ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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