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(영문) 청주지방법원 2015.01.15 2014노916
사기방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The instant crime committed by the Defendant aids and abets the Defendant to transfer the passbook to another person to use it for fraud. The act of transferring the means of access to electronic financial transactions is abused for the so-called Bosing crime and thus, it is necessary to eradicate the crime by strictly punishing a large number of unspecified victims and causing social harm.

However, in full view of the following factors: (a) the Defendant directly conspired or did not lead the crime of fraud; (b) the Defendant did not have any pecuniary profit acquired by the Defendant; (c) the Defendant was the first criminal without any previous conviction and the Defendant seems to have yet to remain capable of opening the crime; and (d) the Defendant’s age, character, character, environment, family relationship, motive and circumstance of the crime; and (e) all the sentencing conditions in the records and pleadings of this case, including the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.

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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