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(영문) 수원지방법원 2017.09.07 2017노873
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the physical card, etc. offered by the defendant to receive KRW 3,500,000 from a person in the name of the defendant was actually used for the singinging crime; (b) the so-called “sing passbook”, which is produced through the crime of transferring electronic financial transaction access media, is widely used for various crimes, such as singing, etc. so that criminal proceeds can be concealed; and (c) it is an essential means to realize the crime, such as making it difficult to detect the criminal; and (d) thereby, social prejudice is serious. In light of the above, the lower court’s sentence imposing fines of KRW 2,00,000, is unreasonable.

2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the aforementioned assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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