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(영문) 부산지방법원 2017.02.02 2016노3215
전자금융거래법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments against the Defendants (two years of suspended execution of one year, two years of imprisonment for each one year, observation of protection, community service order 120 hours, confiscation) is too uneased and unreasonable.

2. The act of keeping and conveying electronic financial transaction access media, such as the instant crime, is an essential part of the crime of Bosing with great social harm, and the fact that there is a need for strict punishment for such an act of participating in the crime of Bosing in the nature of the crime of Bosing as an organization, etc. is recognized as an unfavorable circumstance to the Defendants.

However, in light of the favorable circumstances such as the Defendants’ recognition of the crime of this case, the period during which the Defendants participated in the crime of this case, and the Defendants’ delivery and storage of the two heads’ physical cards, and the fact that each of the above physical cards was not actually used for the crime of licensing, Defendant B did not have any particular criminal punishment, and Defendant A did not have any other criminal records, and all of the sentencing conditions indicated in the records and arguments of this case, such as the Defendants’ age, sex behavior, environment, motive and circumstance of the crime, means and consequence, etc., and the circumstances after the crime of this case, it cannot be deemed that each of the punishment imposed by the lower court is unfair as it is deemed unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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