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(영문) 서울서부지방법원 2017.05.18 2017노189
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The judgment defendant has no benefit from the crime of this case, reflects his fault, and has no record of any special crime in addition to the punishment of a long-term fine.

However, there is a need for strict punishment because the crime of transfer of access media is likely to undermine the stability and reliability of electronic financial transactions and cause secondary damage by abusing it to other crimes such as telephone financing fraud.

In fact, the access media that the defendant transferred was used for crime, and property damage was also caused.

In addition, the defendant committed the crime of this case in return for considerable consideration.

In full view of the aforementioned circumstances, the Defendant’s age, environment, and motive for committing a crime, various sentencing conditions as shown in the records and arguments, and thus, it cannot be said that the sentence imposed by the lower court is too unreasonable.

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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