beta
(영문) 수원지방법원 2017.05.25 2016노7612

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case where the Defendant transferred an access medium is an act that facilitates various criminal acts, such as the so-called “scaming,” using another’s access medium, and the nature of the crime is very poor when considering the social harm, and considering the fact that the access medium actually transferred by the Defendant was used for the crime of fraud, it is reasonable to punish the Defendant with severe punishment corresponding thereto.

However, in full view of the following facts: (a) the Defendant recognized his mistake and reflects; (b) the Defendant has no record of the same kind of crime; and (c) the Defendant’s age, sex behavior, environment, circumstances, circumstances after the commission of the crime; and (d) various sentencing conditions indicated in the records of the instant case, such as the circumstances after the commission of the crime, the Prosecutor’s assertion

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