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(영문) 창원지방법원 2017.11.02 2017노2694

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. The judgment is based on the following: (a) the Defendant made confession of the crime while committing the crime; (b) the primary offender; (c) the fact that there is no benefit from the crime of this case; and (d) the transfer of the electronic financial transaction access medium to another person is a favorable reason for sentencing; and (c) the transfer of the electronic financial transaction access medium to an unspecified number of unspecified persons can be used for the crime; and (d) the need to strictly punish the transfer of the access medium, such as this case, to eradicate the

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

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.