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(영문) 수원지방법원 2017.06.22 2016노8923
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The act of trading a passbook and a cash card, which is an access medium to electronic financial transactions, such as the instant crime, is likely to undermine the stability and reliability of electronic financial transactions, as well as to be abused as a means of other crimes, and thus, is disadvantageous to the Defendant.

However, considering the following factors: (a) the Defendant recognized the instant crime; (b) there was no history of criminal punishment; (c) the gains actually acquired by the Defendant are small sums; and (d) the conditions for sentencing specified in the instant records and pleadings, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the instant crime, the lower court’s punishment cannot be deemed to be unfair because it is too unfasible; and (d) the Prosecutor’

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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