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(영문) 서울중앙지방법원 2015.11.12 2015노3529
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant as to the summary of the grounds for appeal (the crime No. 1 in the table of crime in the original judgment: imprisonment of four months: suspended sentence of imprisonment of four months; imprisonment of two years; imprisonment of two years; and 2,3 and 4 in the table of crime: imprisonment of six months; confiscation) is too unreasonable;

2. The act of lending or borrowing the means of access for electronic financial transactions requires strict punishment since it could undermine the trust and safety of financial transactions and use the leased means of access as a means of various crimes, such as financial fraud, etc. In full view of the following: (a) during the period of suspension of execution due to the obstruction of the exercise of rights; and (b) the Defendant’s age, character and conduct, environment, the process and consequence of the instant crime; and (c) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unreasonable, even if it is considered that the suspension of execution becomes invalidated upon the sentence of this case.

3. As such, the defendant's appeal is without merit and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. The "1. Suspension of execution" in the application of the law of the court below is obvious in the record that "the defendant A" was omitted from the "Article 62 (1) and (2) of the Criminal Act (the favorable circumstances considered in the "the grounds for punishment" with respect to the crime No. 1 of the annexed crime list of crimes)". Thus, the defendant's appeal is corrected as adding it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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