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(영문) 창원지방법원 2017.09.15 2017노2287
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case was committed by transferring the electronic financial transaction access media that can be used for the so-called phishing crime to others without permission, and the liability for the crime was not less weak, and the account actually linked to the access media that the Defendant transferred was used for the phishing crime.

The defendant seems to have been aware that at least access media was used for illegal purposes at the time of committing the crime.

On the other hand, the defendant led to confession and reflect on the crime, and transferred access media is only one, and there is no special benefit from the crime.

There is no criminal record of the same kind and there is no record of punishment in addition to juvenile protective disposition.

In addition to the above circumstances, taking into account various sentencing conditions, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the sentence of the court below (the penalty amounting to three million won) is too heavy or less than that of the Defendant within the reasonable scope of discretion.

shall not be deemed to exist.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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