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(영문) 창원지방법원 2017.09.21 2017노1777
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In the instant crime, the act of transferring another person’s electronic financial transaction access medium may cause damage to many and unspecified persons as to whether the transferred passbook, etc. can be used for crime, and the fact that the account connected with the access medium actually transferred by the Defendant was used for fraud is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized and reflected the instant crime; and (b) the Defendant’s health was not good due to the physical disability-5; (c) the Defendant committed the instant crime to raise hospital expenses while living economically difficult; (d) the Defendant did not have any record of having been punished for the same kind of crime; and (e) the Defendant did not have any criminal record of suspension of execution or higher; and (e) the Defendant’s age, environment, sex behavior, motive for the instant crime; and (e) the circumstances before and after the instant crime, which are the conditions for sentencing specified in the records and pleadings, cannot be deemed as unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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