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(영문) 창원지방법원 2017.08.31 2017노1163
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 the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was the first offender who has no record of punishment; (c) there is no special relationship or change of circumstances that may be newly considered in the trial; and (d) the Defendant’s age, environment, sexual conduct, motive for the instant crime; and (e) circumstances that conditions for sentencing specified in the records and pleadings, such as the circumstances before and after the instant crime, it cannot be deemed that the lower court’s punishment is too uneasible and unfair.

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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