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(영문) 수원지방법원 2016.11.04 2016노3470
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the defendant recognized the crime of this case and reflects it, and the defendant has no past record of criminal punishment since 2000, etc. are favorable circumstances.

On the other hand, the transfer of the means of access to electronic financial transactions not only undermine the security and reliability of financial transactions, but also strictly punish the means of access provided by the defendant, and the actual abuse of the means of access to singing crimes is disadvantageous.

In full view of the equity of sentencing with the same or similar cases as above and the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, the court below's punishment is too excessive or too heavy and unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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