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(영문) 서울서부지방법원 2017.04.27 2016노1690
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the punishment imposed by the court below is too unfasible, and that the prosecutor is too unfasible and unfair.

2. The crime of transferring access media is highly likely to undermine the stability and reliability of electronic financial transactions and cause secondary damage by abusing it for other crimes, such as telephone financing fraud, etc.

On the other hand, the defendant is a first offender, is able to repent his mistake in depth, and is responsible for family's livelihood under difficult circumstances.

In full view of the aforementioned circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, and motive for committing an offense, the sentencing of the lower court cannot be deemed to be too heavy or unfair because it goes beyond the reasonable scope of discretion.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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