logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.09.02 2016노574
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unfilled and unreasonable.

2. The crime of this case requires strict punishment for the following facts: (a) the Defendant promised to pay to a person in default of his/her name; and (b) the nature of the crime is not somewhat weak; (c) the transfer of the means of electronic financial transactions may be abused for other crimes, such as “singing” as well as the security and reliability of electronic financial transactions; and (d) the fact that the means of access transferred by the Defendant actually abused the means of access to the crime is disadvantageous to the Defendant.

On the other hand, the fact that there is no record of criminal punishment before the defendant, the recognition of the crime of this case and the violation of the mistake, the fact that the defendant seems to have no profit actually acquired by the crime of this case, and the fact that it would not be avoided again, is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow