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(영문) 서울서부지방법원 2016.07.14 2016노379
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is unreasonable because it is too unhued.

2. The crime of this case not only undermines the reliability of the safety performance of electronic financial transactions, but also has a significant adverse impact on society by abusing the transferred access media to various illegal acts, such as financial fraud.

Considering these circumstances, it is true that there is a need for more strict punishment against the defendant.

However, the defendant does not repeat again after recognizing his mistake.

It is favorable to the defendant, such as that the defendant has no record of punishment for the same crime, and that there is no record of punishment.

Comprehensively taking account of the circumstances unfavorable or favorable to such defendant and all the sentencing conditions shown in the argument of this case, such as the age, sex, environment, family relationship, motive and consequence of the crime, etc., the sentence imposed by the court below is within the scope of the sentencing discretion assigned to the court below, and it cannot be deemed unfair because the punishment imposed by the defendant is too uneasible.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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