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(영문) 전주지방법원 2017.03.24 2016노1757
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. The crime of this case is a case where the Defendant transferred a passbook and a physical card, which is a medium access to electronic financial transactions, to a name-oriented person, and the nature of the crime is not weak, and the transfer of an electronic financial transaction access medium may be abused for other crimes, such as “ Bosing, etc.” as well as undermining the safety performance of electronic financial transactions. Therefore, it is necessary to strictly punish the Defendant, and the fact that the access medium actually transferred by the Defendant was used for fraud, causing damage, etc. is disadvantageous to the Defendant.

On the other hand, there is no past history of criminal punishment or a fine heavier than that of a fine for the same crime, the recognition of the crime of this case and the violation of the mistake, the fact that the criminal of this case seems to have no profit actually acquired by the defendant, and that the economic situation of the defendant is not good, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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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