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(영문) 전주지방법원 2016.05.13 2015노1748
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfased and unfair.

2. The circumstances favorable to the Defendant include: (a) the Defendant was not subject to any criminal punishment before; (b) the recognition of the instant crime and the fact that the Defendant’s mistake reflects the depth; and (c) the payment for the transfer of the passbook is not received.

On the other hand, the crime of this case is a case in which the defendant transferred a deposit passbook, which is an electronic financial transaction access medium prior to the towing of the defendant, to a person who was a company member, and the quality of the crime is not less than easy, and the transfer of the electronic financial transaction access medium may be abused for other crimes, such as " Bosing, etc." as well as the damage to the safety performance of the electronic financial transaction. Thus, the defendant's transfer of the access medium is an unfavorable circumstance to the defendant.

In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. If so, the appeal 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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