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(영문) 광주지방법원 2016.10.20 2015노3416
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant has already been investigated by the transfer of cash cards under the same law, and when transferring cash cards, he/she is aware that he/she can be used for the crime, and there is a large room for criticism as he/she again committed the crime of this case.

The cash card transferred by the defendant was used for the actual scaming crime, and the victim acquired 10 million won by fraud.

(A) Of the amount of damage, approximately KRW 6.2 million has been restored). Nevertheless, it does not seem that the defendant feel deep responsibilities for the damage suffered by the victim or seriously reflects the crime.

On the other hand, it is favorable that the defendant has no record of criminal punishment exceeding the fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, 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 as it is without merit. It is so decided as per Disposition.

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