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(영문) 전주지방법원 2016.09.09 2016노875
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. The crime of this case is a matter of transfer of passbook, physical card, etc. in the name of the defendant with KRW 1 million from a person in the name of the defendant. The crime of this case is a matter of transfer of passbook, physical card, etc. under the name of the defendant. In the event of transfer of media access to electronic financial transactions, not only damages the credibility of the safety performance of electronic financial transactions, but also can be abused for other crimes, such as singing, etc.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that there is no past history of criminal punishment or criminal punishment heavier than fine for the same crime, and that the defendant will not repeat the same mistake again.

It is hard to say that it is 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 court below’s punishment is too unfasible and unfair, and thus, 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 as it is without merit. It is so decided as per Disposition.

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