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(영문) 전주지방법원 2016.04.29 2015노1774
전자금융거래법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a fine of three million won, a fine of four million won, and a fine of four million won) is deemed unreasonable.

2. The crime of this case requires strict punishment since the Defendants’ transfer of physical cards, etc., which are the electronic financial transaction access media, to a name-in-fact victim at a price of one million won is not less than the nature of the crime. The transfer of the electronic financial transaction access media may not only impair the credibility of the safety performance of the electronic financial transaction, but also infringe the credibility of the safety performance of the electronic financial transaction, and may also be abused for other crimes, such as singing, etc., and the fact that the access media transferred by the Defendants was actually abused for the crime is disadvantageous to the Defendants.

On the other hand, the defendants recognize the crime of this case and reflects the mistake, there is no record of criminal punishment for the same crime, and it seems to lead to the crime of this case due to economic difficulties, and again, they will not avoid committing the crime of this case.

It is favorable to the Defendants.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case including the background of the instant crime, Defendant’s age, sexual conduct, environment, etc., the Prosecutor’s assertion is without merit, since the lower court’s punishment against the Defendants is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the prosecutor's appeal is without merit.

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