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(영문) 전주지방법원 2016.12.23 2016노1494
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 transferred the passbook, physical card, etc., which is an electronic financial transaction, and the nature of the crime is not less severe. The transfer of the means of electronic financial transaction may not only impair the safety and reliability of the electronic financial transaction, 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 profits that the defendant acquired by the crime of this case are relatively small, and the defendant does 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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