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(영문) 울산지방법원 2017.03.30 2016노2016
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced to the defendant (2.5 million won penalty) is too unreasonable.

Judgment

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The crime of this case shall take into account the case of equality and the case of concurrent crimes between the first head and the second head of the judgment of the court below which became final and conclusive and the latter part of Article 37 of the Criminal Act

There is no criminal history against the defendant who has been punished beyond a fine.

The defendant's crime is not only an act that disturbs the credibility of the safety performance of electronic financial transactions by itself, but also an access medium transferred by the defendant was used as a tool of the Bophishing crime, causing real property damage.

Even before the crime of this case was committed, the Defendant had the record of having been subject to the disposition of suspending indictment twice for the same crime.

Considering the above favorable circumstances, the Defendant’s age, character and character environment, the motive and consequence of the crime, the circumstances after the crime, etc., as well as all the sentencing conditions indicated in the present arguments and records, it is not recognized that the sentence imposed by the lower court is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as there is no reason to appeal.

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