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(영문) 수원지방법원 2015.12.18 2015노5592
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. In the event of the transfer of the means of access, such as deposit passbooks, the means of access can be used for crimes, such as singing, etc., and the social harm thereby may be inflicted on, the instant crime committed by the Defendant with payment and the transfer of the means of access is more serious.

However, in light of the fact that the Defendant recognized the crime, the violation of the Copyright Act, and the suspension of indictment for the violation of the Copyright Act, there is no previous conviction except once, and other various sentencing conditions such as the Defendant’s age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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