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(영문) 수원지방법원 2018.10.26 2018노1846

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The transfer of an access medium for electronic financial transactions can be used for a crime that impairs transparency in financial transactions and has great social harm, and the fact that the check card actually transferred by the Defendant was used for a loan fraud is disadvantageous to the fact that the check card actually transferred by the Defendant was used for a loan fraud.

On the other hand, the fact that there is no benefit from the defendant's transfer of access media, and that there is no other force on criminal punishment until now is favorable.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sex, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair as it is too low.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.