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(영문) 춘천지방법원 강릉지원 2014.12.16 2014노460
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to the crime of this case, and the fact that the defendant was unable to obtain economic benefits due to the crime of this case.

On the other hand, there is a need to strictly punish the crimes related to the head of the Tong and the cash card that the Defendant received from C, and the physical card, etc. used for the so-called Bosing or licensing, and caused financial damage to many victims, and according to the intelligence trend of Bosing or licensing, there is a need to punish such crimes. The Defendant has been punished as transferring the head of the Tong and the cash card to a third party even before, and there is a history of punishment against the Defendant.

In addition to the above various circumstances, the court below imposed a fine more than the first summary order (a fine of three million won) issued to the defendant, and comprehensively taking account of the defendant's age, occupation, motive, means and consequence of the crime and the circumstances after the crime, it cannot be deemed that the court below's punishment is too unreasonable.

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

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