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(영문) 창원지방법원 2017.08.24 2017노907

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. In the instant crime, the act of transferring another person’s electronic financial transaction access medium may cause damage to many and unspecified persons as to whether the transferred passbook, etc. can be used for crime, and the fact that the account connected with the access medium actually transferred by the Defendant was used for fraud is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have committed the instant crime; (c) the Defendant appears to have no benefit derived from the instant crime; (d) the Defendant transferred money transferred to the Defendant’s account to some of the defraudeds; and (e) there are no special circumstances or changes in circumstances to be newly considered in the first instance trial; and (e) other various circumstances, including the Defendant’s age, environment, sexual conduct, motive for the instant crime; and (e) the circumstances before and after the instant crime, which are the conditions for sentencing as specified in the records and pleadings, are too una

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