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(영문) 전주지방법원 2016.11.25 2016노1179
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant promised to receive the price and lent two electronic financial transaction cards to his name in return for the promise of the Defendant to receive the price, and the nature of the crime is not weak. The transfer of the means of electronic financial transaction may not only impair the safety and reliability of electronic financial transactions, but also be abused for other crimes, such as singing, etc.

On the other hand, there is no record of criminal punishment that the defendant had previously been subject to criminal punishment, the recognition of the crime of this case and the violation of the mistake, the fact that the criminal act of this case seems to have no profit that the defendant actually acquired due to the crime of this case, and that the defendant would not repeat the same mistake again, etc. are 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.

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