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(영문) 수원지방법원 2016.12.16 2016노3908
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The act of transferring the means of access to electronic financial transactions requires strict punishment as well as the security and reliability of financial transactions, and the means of access provided by the defendant has been abused for singing crimes. However, it is recognized that the defendant recognized the crime in this case and reflects the fact that the defendant has no particular power other than the punishment imposed on two occasions due to the crime in this case. Considering the equity in sentencing with the same or similar incidents and other conditions of sentencing as indicated in the records and arguments, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, it is not determined that the court below's punishment is undue.

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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