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(영문) 수원지방법원 2016.10.20 2016노2061

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a fine of 3.5 million won) is too unfluent and unreasonable.

2. The crime of violating the Electronic Financial Transactions Act, such as the instant case, is highly likely to be misused for telecommunications-based financial fraud crimes, and thus, requires strict punishment therefor, and the fact that the passbook actually transferred by the Defendant was used for the said fraud crimes is disadvantageous to the Defendant.

However, in full view of the fact that the defendant still has no record of criminal punishment in Korea, the fact that the defendant recognized the crime of this case from the first stage of investigation to reflect the mistake, the fact that the profit acquired by the defendant seems to be relatively significant as a result of the crime of this case, and all the sentencing conditions in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, etc., it is difficult to view that the sentence imposed by the court

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.