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(영문) 서울중앙지방법원 2014.04.18 2014노570
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the defendant's grounds for appeal: The sentence of the court below (the prosecution's sentence - the fine of five million won, the court below's sentence - the fine of five million won) is too unreasonable in light of the defendant's economic attitude, etc.

2. Determination on the grounds of appeal of this case: ① Along with the crime of this case, the head of the Tong transferred to another person or a deceased person, such as the crime of this case, obtains a benefit of at least 4 million won in total by opening and transferring the passbook by taking account of the following factors: (a) the adverse impact on our society on the crime of this case on the following: (b) the head of the passbook actually transferred by the defendant is too high; and (c) the head of the passbook is used as an illegal means such as deposit account or money laundering account; and (c) the defendant was delivered KRW 1.5 million in the transfer of the passbook; and (d) the defendant acquired a benefit of at least KRW 4,630,000 in total by taking account of the opening and transfer of the passbook by withdrawing the balance of the passbook at the time of the transfer of the passbook; and (e) other circumstances of the crime of this case and after the crime of this case, Defendant’s age and occupation, economic mode, criminal records, and other various factors indicated in the records and arguments.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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