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(영문) 인천지방법원 2019.06.20 2019노991

전자금융거래법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is as follows: (a) the punishment imposed by the court below (one year and six months of imprisonment) is too uneasy and unreasonable; (b) the defendant has partially repaid the victims' damages to the first offender; and (c) the above victim does not want the punishment by mutual consent with the victim B; and (d) the defendant is deemed to have been too uneasy and unreasonable, and thus, the prosecutor’s above assertion is without merit.

Accordingly, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

[However, the court below’s decision’s application of the law is revised to “each transfer of access media” under Articles 49(4)1 and 6(3)3 of the Electronic Financial Transactions Act, which read “each transfer of access media” under Articles 49(4)2 and 6(3)3 of the same Act.