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(영문) 수원지방법원 2018.04.20 2017노8881
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 transfer of an access medium for electronic financial transactions is likely to undermine transparency in financial transactions and commit a crime with great social harm, and the fact that the Defendant’s check card was actually used for a loan fraud is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no profit from the transfer of access media, and that there is no criminal record up to now is favorable to the defendant.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances, age, sex, environment, etc. after the crime of this case, the sentence of the court below is appropriate, and it is not deemed unfair because it is too low.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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