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(영문) 창원지방법원 2016.05.25 2016노9
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The circumstances are favorable to the Defendant’s recognition of the instant crime, which reflects his mistake, that the Defendant has no record of criminal punishment for the same kind of crime, that the Defendant seems to have no economic benefits derived from the instant crime, and that the Defendant’s economic situation is not good due to the physical disability of Grade V.

However, the crime of this case not only infringes on the credibility of the safety performance of electronic financial transactions, but also can be abused as an important means of other criminal acts, such as the so-called “singing” fraud, and thus, the nature of the crime is inferior. The access media that the Defendant transferred was actually used for the crime of licensing fraud, and the Defendant committed the crime of this case at all times even though he had the record of being subject to suspension of indictment due to the same kind of crime.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the defendant's argument of sentencing is without merit.

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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