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(영문) 수원지방법원 2016.04.22 2016노715
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The acquisition of the electronic financial transaction access media is not only prejudicial to the safety and reliability of financial transaction, but also can be the means of various other criminal acts, and thus, social harm is serious. The delivery of the physical card, which is the medium access to the electronic financial transaction, to use in the instant crime, was made in the instant crime, and the nature of the crime is serious, it is inevitable to punish the Defendant.

However, in full view of the following circumstances: (a) the Defendant has no record of punishment in Korea; (b) the confession and reflects the instant crime; (c) the acquisition of the access media of this case is not connected to a separate criminal act; and (d) the Defendant’s age, sexual conduct, intelligence and environment; (b) motive, background, method, method, method, and consequence of the instant crime; and (c) other circumstances that are conditions for sentencing, such as criminal records and the circumstances before and after the instant crime, the sentence imposed by the lower court is deemed reasonable; and (d) it is not deemed unfair because it is too heavy

Therefore, the defendant, his defense counsel, and the prosecutor's above argument of sentencing are not accepted in all.

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

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