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(영문) 수원지방법원 2017.02.10 2016노3986
전자금융거래법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (Defendant A: imprisonment for 10 months, 2 years of probation, 80 hours of probation, community service work, confiscation, and Defendant B: Imprisonment for one and half years of probation, 3 years of probation, 120 hours of probation, community service work and confiscation) declared by the court below to the Defendants is too unaffortable and unfair.

2. It is recognized that the transfer and distribution of the electronic financial transaction access media is not only detrimental to the safety and reliability of financial transaction, but also is strictly punished when it can be the means of other crimes, and that the number of the defendants transferred or distributed access media is not considerable. However, the defendants' consent to the crime of this case is contrary to the fact that the defendants were detained for about two months, and there is no material about whether the defendants were detained for their own accommodation, whether the defendants actually transferred or distributed access media have been used for phishing crimes, and there is no record about criminal punishment except for the crime of violation of the Medical Service Act; Defendant A has no record of criminal punishment; Defendant B has no record of the same crime; Defendant B has no record of criminal history; and other various sentencing conditions as indicated in the records, such as the defendants' age, sex, environment, motive, background, means and method of the crime of this case, and the circumstances after the crime, etc., the court below's sentence to the defendants is too unfair.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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