전자금융거래법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The gist of the prosecutor’s appeal is that the prosecutor’s appeal is unfair as it is too unfasible to the defendants’ punishment (two years of suspended execution of one year imprisonment for each of the defendants).
2. In that the Defendants’ act of keeping, delivering, and distributing electronic financial transaction access media, such as physical cards and passbooks, despite being aware that the Defendants could be used in other organized crimes, is not somewhat minor punishment against the Defendants on the grounds that the liability for such crime is not minor.
3. However, the court below did not reach the extent of discretion on sentencing in relation to the Defendants, in full view of the extent of the Defendants’ participation in the instant crime and the following circumstances: (a) comprehensively taking into account the degree of the Defendants’ participation in the instant crime; (b) the age, sexual conduct, environment, criminal records, family relationship, living environment; and (c) circumstances after the commission of the crime.
4. Therefore, since the prosecutor’s appeal against the Defendants is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.