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(영문) 수원지방법원 2018.06.29 2018노1054
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 (4 million won in penalty) is too unhued and unreasonable.

2. The transfer of an access medium for electronic financial transactions is likely to undermine transparency in financial transactions and commit a crime with great social harm, and the fact that the check card actually transferred by the Defendant was used for the crime of fraud is disadvantageous to the Defendant.

On the other hand, the fact that the defendant transferred access media and has no actual profit, and that there is no other punishment force until now after the criminal punishment of suspended sentence was imposed for the crime of 20 years prior to the suspension of execution.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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