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(영문) 대전지방법원 2016.05.26 2015노4086
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s mistake is against himself; (b) the Defendant appears to be suffering from Compilation mental fission; and (c) the Defendant attempted to commit an attack on August 2, 1980, with one-year suspended sentence of one year, and there is no past record of criminal punishment in addition to the punishment sentenced to two-year suspended sentence.

However, the transfer of the electronic financial transaction access media is not only detrimental to the reliability of the safety performance of financial transactions, but also needs to be strictly punished because it can be the means of various other criminal acts, and there are circumstances unfavorable to the defendant, such as the fact that the access media actually transferred by the defendant was used in the crime of fraud and that a good citizen was damaged. In addition, comprehensively taking account of all kinds of sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means and consequence, the sentence of the court below is too unreasonable.

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

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