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(영문) 인천지방법원 2016.10.28 2016노2445

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the lower court against the Defendant is too uneased and unreasonable.

2. Not only serious social harm caused by the distribution of the so-called passbook, but also the means of access that the defendant transferred by the defendant was actually used for the crime, and the defendant committed the crime of this case without being aware of the fact that the defendant was committed during the period of repeated crime, or the fact that the defendant recognizes and reflects the crime, and that the defendant seems to have no actual benefit from the transfer of the means of access, and in full view of other circumstances that form the conditions for sentencing indicated in the record, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, 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 ground that it is without merit. It is so decided as per Disposition.