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(영문) 창원지방법원 2017.08.31 2017노2067

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (4 million won in penalty) of the court below is too unfluened.

2. Determination: (a) the Defendant led to the confession of the crime; (b) appears to have no benefit acquired by the crime of this case; (c) the fact that there was no benefit from the crime of this case, other than the one-time fine, is a favorable sentencing ground; (d) the transfer of the electronic financial transaction access medium to other persons can cause damage to unspecified persons as it can be used for the crime; (e) the account connected with the access medium transferred by the Defendant was used for the crime of fraud; and (e) the fact that the account connected with the access medium transferred by the Defendant was used for the crime of fraud; and (e) the need to strictly punish the transfer of

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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.