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(영문) 창원지방법원 2017.06.22 2017노1162
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (five million won in penalty) of the court below is too unhued.

2. Determination is based on the following: (a) the Defendant led to the confession of a crime; (b) the Defendant has no profit acquired by the Defendant due to the instant case; (c) the Defendant has no record of punishment for the same kind of crime; (d) the transfer of electronic financial transaction access media to another person can cause damage to an unspecified number of people because it can be used for a crime; (c) the account in connection with the access media actually transferred by the Defendant was used for a fraudulent crime; and (d) the need to strictly punish the transfer of the access medium, such as the instant case, in order to eradicate the crimes of Bosing, etc.

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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

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