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(영문) 제주지방법원 2020.09.17 2019노963
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the lower court’s punishment (five million won of fine) is too unreasonable, the crime of violating the Electronic Financial Transactions Act is likely to not only undermine the stability and reliability of financial transactions, but also serve as the means of other crimes, such as Bosing, and thus, is highly harmful to the society, and thus, it is necessary to strictly punish the instant means of access. In light of all the sentencing conditions indicated in the records and arguments, including the fact that the means of access in this case have been used for Bosing crimes, and that the Defendant has a large number of criminal records, even if considering the Defendant’s health status and economic circumstances, it is not recognized that the sentence imposed by the lower court on the Defendant for the reasons stated in its reasoning is too unreasonable.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “Electronic Financial Transactions Act” in Article 18 of the Regulation on Criminal Procedure is amended ex officio to mean “former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020)”.

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