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(영문) 수원지방법원 2017.04.20 2016노5296
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (three million won in penalty) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.

2. The instant crime that the Defendant transferred an access medium for consideration is an act that facilitates various criminal acts, such as the so-called “scaming,” using another’s access medium under the name of the third party, and that the nature of the crime was very poor when considering the social harm, and that the Defendant actually transferred the access medium was used for the crime of fraud, and that the victim was caused by the use of the access medium under the name of the third party should be punished corresponding thereto.

However, in full view of various sentencing conditions as shown in the argument of this case, such as the fact that the defendant recognized his mistake and against himself, the primary offender, the defendant's age, sexual conduct, environment, circumstances after the crime, and the circumstances after the crime, the prosecutor's assertion is without merit since the sentence imposed by the court below is too unfasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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