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(영문) 수원지방법원 2016.10.27 2016노3188

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (e.g., the nature of the instant crime, the issue is not good, the defendant is more severe, the defendant can be subject to criminal punishment, and the defendant’s act of facilitating the Bosing crime by transferring the means of access as the defendant without permission, even if the transfer of the passbook is simple, it is highly necessary to impose heavy punishment and prevent re-offending, and to suppress the mass production of the passbook, and thus, it is unreasonable for the court below to impose fines of KRW 3,00,000.

2. In light of the following: (a) the Defendant’s mistake is against the judgment; (b) the Defendant did not actually receive profits from the instant crime; (c) reported the loss of the passbook to the community credit cooperatives after the commission of the instant crime; and (d) other various matters as provided in Article 51 of the Criminal Act, such as the motive and circumstances leading up to the instant crime; (b) the circumstances before and after the commission of the instant crime; (c) the degree of damage; and (d) the Defendant’s character and conduct, environment, and family relationship as indicated in the instant records and arguments, the lower court’

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