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(영문) 수원지방법원 2017.04.20 2016노4612
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The act of trading the passbook and cash card, which is a medium access to electronic financial transactions, such as the instant crime, is likely to undermine the stability and reliability of electronic financial transactions, and thus, is highly likely to be abused as a means of other crimes, and thus, is disadvantageous to the Defendant.

However, considering the fact that the defendant recognized the crime of this case and reflects the fact that there is no record of the same kind of crime, and other various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, etc., the court below's punishment cannot be deemed to be unfair because it is too uneasible and unfair. Thus, the prosecutor's

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.

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