전자금융거래법위반
All of the appeals by prosecutors are dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (the fine of KRW 3 million for Defendant A, and the fine of KRW 2 million for Defendant B) is too uneased and unreasonable.
2. The transfer of an access medium for electronic financial transactions can be used for a crime that undermines transparency in financial transactions and has great social harm, and the fact that the check card actually transferred by the Defendants was used for the crime of fraud is disadvantageous to the Defendants.
On the other hand, there is no substantial benefit from the transfer of the access media by the Defendants, and all the Defendants have no criminal record until now are favorable to the Defendants.
In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.