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(영문) 부산지방법원 2017.10.19 2017노2726
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (hereinafter referred to as 3,00,000 won) against the defendant on the summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the fact that the defendant made a confession of the crime of this case and reflects the mistake, and that it is necessary to consider equity with the case where the defendant has been tried together with the fraud crime in which the judgment has already become final and conclusive.

However, the crime of this case is deemed to disrupt the order of electronic financial transactions by transferring the passbook and physical card in the name of the defendant to a person who is not the name of the defendant. In light of the circumstances and contents of the crime, the liability for the crime is heavy, the account transferred by the defendant is actually used for the second criminal fraud, the defendant has the records of the crime, the defendant has the records of the same crime, in our criminal litigation law, which takes the trial-oriented principle and the principle of direct supervision, there is a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first deliberation does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the above recognized defendant do not fall under the change of circumstances that could change the sentence of the court below after the sentence of the court below, and it does not seem to be too unfair if the conditions of the defendant's oral argument of this case are too unfair.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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