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(영문) 광주지방법원 2016.10.19 2016노1088
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of a fine of two million won) declared by the court below is too unhued and unreasonable.

2. The instant crime is a crime that provides an unspecified number of unspecified persons with an important means to commit the so-called Bosing fraud. Considering the fact that social harm caused by Bosing is very serious, it is necessary to strictly punish the act of transfer, acquisition, or mediation of the means of access, and the fact that the means of access transferred by the Defendant is actually used for the Internet fraud.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake properly, and the defendant does not seem to have actually benefited from the crime of this case, and the defendant is an initial offender who has no criminal power.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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

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