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(영문) 수원지방법원 2017.01.19 2016노5193
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is that the crime of this case is committed by the Defendant with payment of the price, and it is not good that the head of the passbook and the check card, etc., which is an access medium to his name, are transferred. Such a crime is committed not only by impairing the trust and safety of financial transactions, but also by the transferred approach medium, which can be used for various criminal acts, and thus has substantial social harm. In light of the fact that the access medium transferred by the Defendant was actually used for telephone financing fraud, the sentence of the court below that sentenced KRW 2,00,000 is too unreasonable.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfounded and unreasonable, taking into account the following factors: (a) the Defendant recognized a mistake; (b) reported the loss of the passbook directly to the bank after the instant crime; (c) the fact that there was no record of criminal punishment for the same kind of crime; and (d) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the Defendant’s character and conduct, environment, and family relationship as indicated in the instant records and arguments; and (d) the aforementioned argument is groundless

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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