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(영문) 창원지방법원 2018.07.11 2018노821
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing the sentencing of the grounds for appeal (the sentence of the lower court: a fine of 5,00,000 won);

2. The decision of the court below is justified in light of the following circumstances: (a) under the circumstance that a variety of Bosing crimes involving serious harm in our society still take place, it is not good that the defendant recklessly lent access media to electronic financial transactions to a person who has no knowledge of identity for the purpose of acquiring unjust profits; (b) since the access media leased by the defendant was actually used as a means of the criminal act, the result of the crime is against the defendant's wrongness; (c) even if the defendant was not aware that the access media he lent was used for serious crimes such as phishing, it appears that the defendant lent the existing access media possessed by the defendant to the offender without knowledge that it would be used for the crime such as phishing; (d) the access media leased by the defendant was only one case; and (e) it appears that the defendant obtained any economic benefits through the criminal act of this case; and (e) some damage has not yet been withdrawn; and (e) the defendant could have been subject to criminal punishment at all by considering the motive and circumstances of the defendant's account; and (e) the relevant criminal punishment of each of this case.

The grounds for the sentencing unfair alleged by the defendant (the defendant is the primary offender, the fact that there is no benefit acquired by the crime, the fact that the mistake is seriously against the defendant, the support family of the defendant and the health status, etc.) are shown to be the reasons that the court below already considered in determining the punishment against the defendant, and in the trial.

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