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(영문) 전주지방법원 2016.04.01 2015노1397
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. The act of transferring one’s electronic medium to another person is detrimental to the stability and reliability of electronic financial transactions, and furthermore, it is necessary to strictly punish the act that may inflict damage on many and unspecified persons by using it for fraud such as the so-called “singing, etc.” and the fact that the passbook, etc. actually transferred by the Defendant was used for the crime of fraud is disadvantageous to the Defendant

On the other hand, the fact that the defendant is the first offender, the recognition of his criminal act and reflects his mistake, and the fact that he seems to have caused the crime of this case due to his economic gambling, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, 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 as it is without merit. It is so decided as per Disposition.

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