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(영문) 울산지방법원 2018.06.01 2018노304
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant, while committing the crime, reflects the Defendant’s depth of the mistake while committing the crime; and (b) the Defendant has no criminal record of the same kind or suspension of execution

However, the transfer of an access medium for electronic financial transactions not only damages the reliability of the safety performance of electronic financial transactions, but also can be used as a means of various crimes because it can be distributed in the large passbook and used as a means of electronic financial transactions. In particular, the account of this case seems to have been actually used for the single-phishing fraud, and there are other circumstances unfavorable to the defendant, such as the defendant's economic situation, age, sex, environment, circumstances after the crime, and whether there was a change in the circumstances after the court below sentenced the judgment below, the court below's punishment seems to be reasonable and appropriate, and it cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

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

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