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(영문) 의정부지방법원 2020.05.28 2019노3228
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (a fine of two million won is imposed);

2. We examine the judgment, and consider the fact that the defendant is led to the crime of this case in a difficult situation. However, in full view of the period and method of the crime of this case and other conditions of sentencing under Article 51 of the Criminal Act, the court below’s sentencing is acceptable, and there is no unreasonable ground for the defendant’s assertion.

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

[Ex officio, the application of Article 2 of the judgment of the court below to Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act, and Article 6 (3) 1 of the Electronic Financial Transactions Act, shall be corrected as "the choice of fines" (including each means of access), and Article 25 of the Rules of Criminal Procedure). In the case of the transfer of the means of access, the act of transferring the means of access constitutes a violation of the Electronic Financial Transactions Act by means of access. However, in the case of the transfer of the means of access, several means of access connected to one account (in this case, the physical card and password correspond to a separate means of access, and Article 2 subparagraph 10 (a) and (e) of the Electronic Financial Transactions Act) should be applied to a single act of violating the Electronic Financial Transactions Act.

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