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(영문) 서울중앙지방법원 2018.06.20 2017노3791
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (each fine of three million won) is too unreasonable.

2. There are extenuating circumstances to consider that the Defendants committed the instant crime due to the fact that the Defendants recognized their mistakes and against themselves, the primary offender, and the economic difficulties.

However, the crime of this case, such as this case, is likely to not only undermine the reliability of the safety performance of electronic financial transactions, but also be abused for the crime of Bosing fraud, so it is necessary to strictly punish the crime. In fact, the access media transferred by the Defendants was used for the crime of Bosing fraud.

In full view of the aforementioned circumstances and various sentencing conditions, including the Defendants’ age, sexual conduct, background of the commission of the crime, and the circumstances before and after the commission of the crime, even if considering the circumstances alleged by the Defendants, the lower court’ punishment is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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