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(영문) 서울북부지방법원 2018.04.13 2017노2306
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unreasonable.

2. The instant crime is determined that the Defendant transferred one check card under the name of the Defendant, which is an access medium, and took over one check card under the name of another.

It is necessary to strictly punish the transfer and takeover of the access media as a means of other crimes.

In fact, the account under the name of the defendant related to the access media that the defendant transferred was used as the instrument of the fraud crime.

Since the Defendant notified the Defendant that the Defendant was illegal from the beginning, the Defendant seems to have clearly recognized the illegality of transfer of the access media from the time of the instant crime.

There is a history of punishment nine times for the accused.

In full view of the above circumstances and other factors of sentencing as shown in the instant argument, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., even though considering the Defendant’s recognition of all of the crimes, it cannot be said that the Defendant’s punishment imposed by the lower court is too excessive and unfair.

3. 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.

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