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(영문) 창원지방법원 2017.12.27 2017노2880
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is that the defendant transferred a medium of access to electronic financial transactions to others, and can cause damage to many and unspecified persons by using it for the so-called Bosing crime, and thus, the liability for the crime of this case is minor.

It can not be seen that the account actually linked to the access media that the Defendant transferred is used for fraud.

However, taking into account the following factors: (a) the Defendant led to the confession and reflect of the crime; (b) the Defendant appears to have no particular benefit from the crime; (c) there is no same criminal record, and there is no record of punishment other than three times of fine; and (d) other factors of sentencing as shown in the records and arguments of the instant case, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime; and (e) circumstances after the crime, etc., the lower court’s punishment (4 million won) is too unjustifiable, within the reasonable scope of discretion, and thus, cannot be deemed unfair.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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