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(영문) 대전지방법원 2013.12.12 2013노1466
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of KRW 1,00,000 sentenced by the lower court is unreasonable in view of the following: (a) considering the fact that the Defendant, who is aware of the grounds for appeal, transferred the passbook twice or twice to lend a loan without knowledge of the illegality.

2. In light of the following: (a) even though the Defendant is deemed to have violated his/her mistake, the Defendant again committed the instant crime because he/she had the past record of the suspension of indictment on April 26, 2012 due to a similar crime; (b) the transfer of the means of electronic financial transactions, such as passbook or card, is likely to cause secondary damage; and (c) there is a need to strictly punish multiple victims, as the transfer of the means of access to electronic financial transactions, such as passbook or card, is used for other crimes; (d) the Defendant appears to have been aware that the act indicated in the judgment was illegal; and (e) the sentencing of the lower court is too unreasonable. Therefore, the Defendant’s aforementioned assertion is without merit

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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