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(영문) 수원지방법원 2018.02.01 2017노4607
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the physical card, etc., which the defendant provided to receive KRW 100,000 from a person in the name of the defendant was actually used for the singishing crime; and (b) the so-called “sing passbook”, which is produced through the crime of transferring electronic financial transaction access media, is widely used for various crimes, such as singing, etc. so that criminal proceeds can be concealed, and it is an essential means for the realization of the crime by making it difficult to detect the criminal; and (c) thereby, there is a serious social prejudice. In light of the above, the lower court’s sentence imposing a fine of KRW 3,00,000, is unreasonable.

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, and there is no record of punishment imposed upon the Defendant for the same kind of crime or a fine exceeding the fine, and all of the conditions of sentencing specified in the records and arguments, including the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime. In so doing, even if considering the circumstances alleged in the grounds of appeal, the foregoing 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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