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(영문) 서울중앙지방법원 2016.05.26 2015노4381
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a prison term of six months, two years of suspended sentence, one hundred and twenty hours of community service, confiscation) is too uneased and unreasonable.

2. The crime of this case is deemed to have been committed in the form of crime using the access medium for electronic financial transactions. The crime of this case is deemed to have been committed in the form of a daily allowance for the Defendant’s withdrawal of money from a person in the name of the victim by using the access medium, and the Defendant consented to the withdrawal of money from KRW 6-7,000,000 to KRW 6-7,000,000,000,000 won, and delivered to the person in the name of the victim. The crime is also bad.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake; (b) the relationship between the instant crime and the so-called Bosing fraud was not revealed; (c) the Defendant has no record of the same kind of crime; and (d) the Defendant’s motive and motive leading up to the instant crime; (b) the Defendant’s age, degree of participation; and (c) the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

The prosecutor's argument is not accepted.

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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