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(영문) 대구지방법원 2016.11.18 2016노668

전자금융거래법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of suspended sentence in October) is too unfased and unfair.

2. Determination as to the transfer of the means of electronic financial transactions, such as the act of violating the Electronic Financial Transactions Act, is not only undermining the stability and reliability of financial transactions, but also there is a need for strict punishment because it can be a means of various other criminal acts, especially phishing fraud or goods transaction fraud which become a social issue, and there is a very high social harm. The passbook transferred by the defendant is actually used for the crime of Bophishing, and there is no effort to recover the damage of the crime of embezzlement of this case. However, in light of all the records and arguments of this case, the defendant is against the confession of the crime of this case, and the defendant remitted 30,000 won to E who suffered from the crime of violating the Electronic Financial Transactions Act, and there is no other favorable circumstance such as the defendant's age, character, environment, motive and circumstance of the crime of this case, the motive and circumstance of the crime of this case, and the result after the crime, the prosecutor's assertion that the court below's sentencing cannot be justified.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.