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(영문) 수원지방법원 2016.09.23 2016노2488

전자금융거래법위반

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

(a) Prosecutor: The lower court’s sentence (three million won in penalty) is too unhued and unreasonable;

B. Defendant: The sentence of the lower court is too unreasonable.

2. It is an unfavorable circumstance that the transfer of the electronic financial transaction access medium ought to be strictly punished if it can be abused as a means of other crimes; that the transferred access medium is connected to multiple bank accounts; that actually, the Defendant’s transfer access medium is used to commit fraud; and that the transfer of the electronic financial transaction access medium is given or received the price for the transfer of the electronic financial transaction access medium.

However, it is favorable that there is no criminal record, and that there is no criminal record.

In addition, considering the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions as shown in the theory of changes, it cannot be deemed that the sentence of the court below is too weak or too unreasonable.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.