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(영문) 서울남부지방법원 2018.06.12 2017노1325

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasons for the prosecutor’s appeal (unfair sentencing) of the lower court’s punishment (amounting to three million won) is too unhued and unreasonable.

2. We examine the judgment, and the transfer of an access medium for electronic financial transactions is strictly punished because it can be used as a means of other crimes, and in fact, it is recognized that the account of the Defendant’s lending was used as a means of other crimes, but the Defendant’s mistake is against himself/herself, as well as the above Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and other various conditions of sentencing as shown in pleadings, such as the circumstance after the crime, etc., it is not recognized that the lower court’s punishment is too uneasible and unfair. Thus, the prosecutor’s above 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.