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(영문) 창원지방법원 2017.10.26 2017노1940

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In the instant crime, the act of transferring another person’s electronic financial transaction access medium may cause damage to many and unspecified persons as to whether the transferred passbook, etc. can be used for crime, and the fact that the account connected with the access medium actually transferred by the Defendant was used for fraud is disadvantageous to the Defendant.

However, in full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, that the Defendant’s mistake was against himself/herself, that is the primary offender who had no record of punishment prior to the instant case, and that the Defendant appears to have not much profits from the crime of this case, and that the Defendant’s punishment is unfair because the Defendant’s punishment is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.