beta
(영문) 창원지방법원 2017.12.13 2017노2773

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is that the defendant lent a medium of access to electronic financial transactions to others, and it can cause damage to many and unspecified persons by using it for the so-called Bosing crime. Thus, the crime of this case is less complicated.

It can not be seen that the account actually linked to the access media that the Defendant transferred is used for fraud.

However, considering various sentencing conditions in the records and arguments of this case, such as the fact that the defendant led to the confession of the crime, the fact that the defendant seems to have no particular benefit from the crime, the first offender, and the age, sexual conduct, environment, motive and means of the crime, and the circumstances after the crime, etc., the punishment of the court below (a punishment of KRW 3 million) is too uneased within the reasonable scope of discretion, and thus, it does not seem unfair.

The prosecutor's assertion is without merit.

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.