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(영문) 수원지방법원 2016.12.09 2016노3475

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. The act of transferring the means of access to electronic financial transactions is not only prejudicial to the security and reliability of financial transactions, but also requires strict punishment inasmuch as it can be the means of other crimes, such as singing, etc., and the fact that the means of access transferred by the defendant has been abused for the crime is disadvantageous.

However, the fact that there is no benefit acquired by the crime, reflects the crime, there is no criminal record for the same kind of crime, and there is no criminal record exceeding the fine.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed as being too uneasible and unfair.

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.