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(영문) 전주지방법원 2016.11.25 2016노1309
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. The crime of this case is a case where the Defendant transferred the physical card and password, which is an electronic financial transaction, to a person in violation of his/her name, and the quality of the crime is not weak; when an electronic financial transaction is transferred, the safety and reliability of the electronic financial transaction may not be undermined, but may be abused for other crimes, such as singing, etc.

On the other hand, the fact that there is no record of criminal punishment before the defendant, the recognition of the crime of this case and the mistake against the defendant, the fact that the crime of this case seems to have never been actually acquired by the defendant, and the fact that the economic situation of the defendant is not good, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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