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(영문) 창원지방법원 2020.08.13 2020노434
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 lending or transferring a means of electronic financial transactions, the safety and reliability of the electronic financial transactions may be undermined, and thus, it is necessary to strictly punish the means of access transferred by the Defendant. The fact that the means of access was actually used for actual fraud and the victim was committed is disadvantageous to the Defendant.

However, in full view of the favorable circumstances that the Defendant recognized his mistake and reflects, that there is no record of being punished for the same kind of crime, and that there is no new extenuating circumstance or change of circumstances after the pronouncement of the lower judgment, and other circumstances that are the conditions for sentencing specified in the pleadings of this case, including the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, means and consequence of the crime, etc., even if the Prosecutor considers the circumstances that are favorable to the reasons for appeal as the reasons for appeal, it cannot be deemed that the sentence of the lower court is too unreasonable to the extent that it is deemed that the Defendant exceeded the reasonable scope of discretion

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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