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(영문) 대구지방법원 2016.11.11 2016노3913
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. Although the Defendant’s act of transferring the means of access, such as the act of violating the Electronic Financial Transactions Act, such as the act of violating the said Act, is more favorable to the Defendant’s confession of all of the instant crimes, the act of transferring the means of access, such as the act of violating the said Act, may not only undermine the security and reliability of financial transactions, but also be a variety of other criminal acts, particularly social issues, or a means of fraud in goods transaction, and thus there is a very high social harm, and thus, there is a need for strict punishment. The head of the passbook transferred by the Defendant actually used the embezzlement crime, goods fraud crime, and damages equivalent to KRW 87 million. The Defendant immediately withdraws the deposited amount of KRW 87,00,000 from the deposit to the court below for consumption of money as entertainment expenses, etc. However, there is no effort to recover damage until the court below held that the Defendant had committed an act of violating the said Act, and there is no reason to view the Defendant’s new criminal punishment (including four times imprisonment with prison labor) by being sentenced to the Seoul District Court for 15 years and 15 years, even after the end of the instant punishment.

3. Thus, the defendant's appeal is without merit.

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