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(영문) 부산지방법원 2016.09.08 2016노1478
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution and one hundred and twenty hours of community service in August) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of transfer of the means of access, such as the instant case, is highly likely to undermine the stability and reliability of electronic financial transactions and cause secondary injury because it is abused to other serious crimes such as singing, etc., so serious punishment is required. The actual use of the means of access that the Defendant transferred was in fact used for the crime of singing, and the fact that the Defendant had been subject to punishment twice for the same kind of crime is disadvantageous to the Defendant.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, background leading to the offense, method and method of the offense, and the circumstances after the offense, the sentence imposed by the lower court is too unjustifiable, and there is no lack of circumstances that may be considered in sentencing compared to the lower court, compared to the fact that the Defendant was sentenced to a punishment exceeding the fine due to the same kind of crime, and there is no other change in circumstances that may be considered in the sentencing in the trial.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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