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(영문) 창원지방법원 2017.08.31 2017노1865
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the suspension of sentence of two million won in penalty) is deemed to be too uneasy and unfair.

2. Determination is based on the following: (a) the Defendant made confession of a crime; (b) the Defendant partially repaid the bank account lent by the Defendant to the victim of the crime; (c) the primary offender partially repaid the amount of damage to the victim; and (d) the primary offender is a favorable sentencing ground; (b) the transfer of electronic financial transaction access media to another person can cause damage to many and unspecified persons as it can be used for the crime; (c) the account in connection with the access medium actually transferred by the Defendant was used for the crime of fraud; and (d) the need to punish the transfer of the access medium, such as the instant case, to eradicate the

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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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