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(영문) 창원지방법원 2017.08.10 2017노1421
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (five million won in penalty) of the court below is too unhued.

2. In light of the judgment, the Defendant’s confession of a crime is a favorable reason for sentencing, and the transfer of electronic financial transaction access media to another person can cause damage to many and unspecified persons because it can be used for a crime. The account actually linked to the access media that the Defendant transferred was used for a crime of fraud, the transfer of access media like this case needs to be punished strictly to eradicate the crime of singing, etc., and the fact that the Defendant was punished for a crime of fraud is an unfavorable reason for sentencing.

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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