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(영문) 청주지방법원 2015.09.04 2015노385
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The penalty (two million won of fine) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is deemed to have transferred the means of access, such as a passbook, physical card, and password, to a bank account under the name of the defendant with the intent of the defendant to offer money when the defendant sent the passbook and physical card from the person in violation of his name, and the punishment of the illegality of the act is not less severe.

In addition, the means of access that was transferred by the Defendant’s criminal act of this case was used for the crime of phishing the victim of the victim who was not the victim’s name, and the victim transferred one million won to the victim.

In addition, considering the fact that the defendant still failed to take any measures to recover the damage of the victim, it is necessary to punish the defendant strictly.

However, the defendant is showing the attitude from the first investigative agency to approve the crime of this case and to repent his mistake.

Moreover, the Defendant did not receive the above compensation from the person who was unaware of his name for the transfer of the means of access, and there was no benefit acquired from the instant crime.

In addition, considering the fact that the Defendant was punished four times as a minor fine for another crime prior to the instant crime, and that there are many difficulties in daily life as the first-class visually disabled, and that it is economically difficult for the next lowest income bracket due to lack of any other occupation, such as high blood pressure, electricly isolated diseases, and mental illness, etc., the health condition is not good, such as being treated as a hospital due to a pulmonary disease, etc., and other various circumstances, including the Defendant’s age, character and behavior, character, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat inappropriate.

3. In conclusion, the defendant's appeal is in accordance with Article 364 (6) of the Criminal Procedure Act.

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