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(영문) 수원지방법원 2016.05.13 2015노5812
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case is a situation unfavorable to the Defendant, such as that the Defendant’s transfer of a physical card, etc., which is a means of access to electronic financial transactions, by receiving a price of KRW 2,500,000, to a person who is not his name, and the nature of the crime is not weak. The transfer of a medium of access to electronic financial transactions may not only impair the credibility of the safety performance of electronic financial transactions, but may also be abused for other crimes, such as Bosing, etc.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake thereof, and that there is no history of criminal punishment other than the fine imposed due to the violation of the Act on the Establishment of Local Reserve Forces around 1985, and that the defendant seems to have reached the crime of this case due to economic difficulties, 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 prosecutor’s assertion is without merit, given that the lower court’s punishment against the Defendant is too uneasible and unfair, in light of the following circumstances and other factors, such as the background of the instant crime, the Defendant’s age, sex, and environment.

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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