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(영문) 서울서부지방법원 2017.09.07 2017노642

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The crime of transferring an access medium is likely to undermine the stability and reliability of electronic financial transactions and cause secondary injury by abusing it for other crimes, such as telephone financing fraud, and thus, the nature of the crime is not somewhat weak.

However, in full view of the following facts: (a) the Defendant was not subject to criminal punishment; (b) the Defendant was investigated as a violation of the Electronic Financial Transactions Act; (c) the Defendant was subject to a disposition that there was no suspicion; (d) the transfer process of the instant case differs from that of the instant case; (e) the Defendant recognized the Defendant’s mistake; and (e) other various sentencing conditions indicated in the records and arguments, including the Defendant’s age, sex, environment, and motive for committing the crime, the sentence imposed by the lower court is too un

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.