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(영문) 전주지방법원 2015.12.04 2015노1239
전자금융거래법위반
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (a year of imprisonment with prison labor for Defendant A, and a fine of three million won for Defendant B) declared by the lower court is too uneased and unreasonable.

B. The sentence imposed by the lower court by Defendant A is too unreasonable.

2. Determination

A. The crime of this case on the prosecutor's assertion of unfair sentencing against the defendant A and the defendant A's assertion of unfair sentencing is that the defendant A obtained and retained the means of access, such as the physical card from an unsatisfyer who is the general responsibility for solicitation of passbooks, and the nature of the crime is bad. Boscing is a serious criminal who has caused a significant harm to the society by deceiving an unspecified number of money in a systematic and planned manner, the custody and delivery of the means of access in charge of the defendant A is essential for the crime of Boscing, and the degree of participation of the defendant A is not weak, and the defendant A caused an obstacle to the arrest of the total book by using the words.

However, it is also recognized that Defendant A made confession of the entire crime of this case and reflects the mistake, and that Defendant A has no record of criminal punishment. Considering all of the above circumstances and all of the sentencing conditions specified in the arguments of this case, such as Defendant A’s age, character and conduct, family environment, etc., the sentence imposed by the court below cannot be deemed to be too weak or unreasonable.

Therefore, both public prosecutors and Defendant A’s assertion of unreasonable sentencing is rejected.

B. The instant crime on the prosecutor’s assertion of unreasonable sentencing with respect to Defendant B is committed by Defendant B’s promise and opening a financial account, and then lending the passbook and e-mail card to another person. The crime’s act of transferring the means of access to electronic financial transactions is not only detrimental to the trust and safety of financial transaction, but also the means of access.

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