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(영문) 창원지방법원 2017.02.08 2016노2992

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is not only prejudicial to the reliability of the safety performance of electronic financial transactions, but also can be abused as an important means of other criminal acts, such as the so-called “scaming” fraud, and the crime of this case is not good. The Defendant’s access media was actually used for the crime of the scaming fraud.

However, there are favorable circumstances such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, that the defendant does not have the same criminal record, and that the defendant seems to have no economic benefits from the crime of this case.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the prosecutor's improper argument of sentencing is without merit.

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.