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(영문) 수원지방법원 2017.10.26 2017노2246
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (Sentencing in sentencing) the physical card offered by the Defendant was actually used for the criminal act of Bosing, and the so-called “Spoot passbook”, which is produced through the crime of transferring electronic financial transaction access media, is an essential means for the realization of the crime, such as Bosing and a wide range of crimes, which makes it possible to conceal criminal proceeds and making it difficult to detect the criminal and making it difficult to identify the criminal, etc., and thus, the court below’s sentence imposing a fine of KRW 3,00,000 is too unreasonable.

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, and there is no record of punishment imposed upon the Defendant for the same kind of crime or a fine exceeding the fine, and all of the conditions of sentencing specified in the records and arguments, including the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime. In so doing, even if considering the circumstances alleged in the grounds of appeal, the above assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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