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(영문) 수원지방법원 2016.05.27 2015노7170
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the suspension of sentence of a punishment of three million won) of the lower court is deemed to be too unfluent and unfair.

Judgment

The transfer of electronic financial transaction access media should be strictly punished if it can be abused as a means of other crimes, and the actual fact that the access media transferred by the defendant is used for fraud is disadvantageous to the defendant.

However, there is no benefit received in return for the transfer of electronic financial transaction access media, and it is against the depth of the crime, and there is no previous conviction.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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