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(영문) 창원지방법원 2017.09.13 2017노2020
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. We examine the reasoning of the judgment and the prosecutor together.

The lower court, under the favorable circumstances in view of the following: (a) the Defendant led to the confession and reflect of the crime; (b) appears to have transferred the means of access without knowing that the Defendant would be used for other fraudulent crimes; (c) the transferred media was only one, and (d) the first offender was the first offender; (d) the instant crime was committed by the Defendant without permission to transfer the electronic financial transaction access media to other persons to obtain unjust benefits in order to obtain unjust benefits; (c) the actual use of the access media that the Defendant transferred was used for the phishing crime; and (d) the fact that the damage was not recovered; and (e) the Defendant’s age, sex, environment, motive and background of the crime; and (e) circumstances after the crime, etc., the lower court determined the sentence (p) by comprehensively taking account of various sentencing conditions, such as the Defendant’s age, sex, motive and circumstance of the crime, and circumstances after the crime.

The grounds for the illegality of sentencing alleged by the Defendant (a confession, reflectivity, economic difficulty, the access media had been unaware of being used for the criminal act of Bosing, no profits have been generated), and the grounds for the illegality of sentencing alleged by the prosecutor (the use of the access media for the criminal act of Bosing, the risk of committing the crime, and the need for strict punishment) are the circumstances that the lower court already considered or changed in the above conditions of sentencing, as seen earlier, in determining the punishment against the Defendant.

Considering the above sentencing conditions, it is difficult to recognize the sentence of the court below, and considering the above sentencing conditions, it is reasonable that the sentence of the court below was made within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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