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(영문) 창원지방법원 2017.10.19 2017노2193
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In the instant crime, the act of transferring another person’s electronic financial transaction access medium may cause damage to many and unspecified persons as to whether the transferred passbook, etc. can be used for crime, and the fact that the account connected with the access medium actually transferred by the Defendant was used for fraud is disadvantageous to the Defendant.

However, in full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for a crime, and the circumstances before and after a crime, the sentence of the lower court is too uneasible and unfair, in light of the following: (a) the Defendant recognized the instant crime; (b) the Defendant has recently remarried and supports the wife and two children; and (c) the Defendant has not been convicted of a fine of KRW 700,000,00 due to driving around drinking in 200; and (d) other circumstances, including the Defendant’s age, environment, sex behavior, motive for a crime, and circumstances before

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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