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(영문) 수원지방법원 2016.06.23 2016노1015

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of violation of the Electronic Financial Transactions Act, such as the instant case, is highly likely to be abused for other crimes, such as the so-called “singishing,” and thus requires strict punishment. The actual use of the access media by the Defendant was used for illegal Internet gambling crimes, and the Defendant received a total of KRW 3.2 million in return for the instant crime, etc. is disadvantageous to the Defendant.

However, in full view of the facts that the Defendant reflects the instant crime, that there is no record of criminal punishment until the Defendant has yet to be punished, that the instant crime was limited to providing one-time access medium, such as a passbook with respect to two deposit accounts, and all other factors of sentencing as indicated in the pleadings of the instant case, including the Defendant’s age, sex, environment, and family relationship, it is difficult to view that the sentence imposed by the lower court is too uneasible and unfair.

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.