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(영문) 수원지방법원 2016.05.20 2015노7628
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In full view of the following circumstances: (a) transfer of the electronic financial transaction access media of the judgment requires strict punishment as well as harm the credibility of financial transaction performance; (b) the actual Defendant’s access media is recognized to have been abused for fraud; (c) on the other hand, it is recognized that all of the instant crimes were led to the confession of the Defendant and the violation of his/her mistake; (d) the Defendant has no particular criminal history except for the one-time fine due to the violation of the Medical Service Act; and (e) the Defendant’s age, sex behavior, intelligence and environment; (e) motive, background, means, method, and consequence of the commission of the offense; and (e) the circumstances before and after the commission of the offense; and (e) the prosecutor’s improper assertion of sentencing is not recognized to be unfair since the Defendant’s punishment is too uneas

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

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