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(영문) 수원지방법원 2017.12.21 2017노4324
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (unfair in sentencing) and the fact that the so-called “the so-called “the so-called passbook passbook”, which is produced through the crime of transferring electronic financial transaction access media, is widely used for various crimes, such as Bosing, so that criminal proceeds can be concealed, and that it is essential means to realize the crime by making it difficult to detect the offender and making it difficult to find it an essential means to realize the crime, and that the physical card offered by the defendant to a person who is not the name of the defendant is actually used for the crime of Bosing, it is unfair for the court below to impose a fine of KRW 3,00,000 on the defendant to impose

2. In full view of the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unjustifiable and unreasonable, even if considering the circumstances alleged in the grounds of appeal such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., it appears that the Defendant did not have any history of being punished for the same kind of crime, and that there is no profit acquired by the crime of this case. In addition, the above assertion is without merit.

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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