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(영문) 서울중앙지방법원 2015.11.26 2015노4012
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below to the accused (the imprisonment of eight months, the suspension of execution of two years, the community service work time and the confiscation) is too unfasible and unfair;

2. The act of lending, lending, keeping, delivering, or distributing the means of access to electronic financial transactions is necessary to strictly punish the leased means of access as a means of financial fraud, etc. in light of the following: (a) ensuring the trust and security of financial transactions; and (b) ensuring that the leased means of access can be used as a means of various crimes, such as financial fraud, etc.

However, in full view of the following facts: (a) there is no history of punishment imposed by the Defendant in excess of the same kind of crime or fine; (b) arrest; (c) active cooperation with the investigation agency in the investigation of the relevant crime; (d) depth of his mistake; and (e) the Defendant’s age, character and conduct; (e) the background and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is without merit.

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