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(영문) 서울남부지방법원 2018.07.19 2017노1101

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. It does not seem that new circumstances or special changes are likely to be reflected in sentencing after the decision of the lower court was rendered.

The act of lending the access media like the instant crime requires strict countermeasures as it provides the means indispensable for other crimes such as Bosing, illegal gambling, etc. The Defendant’s lending media seems to have been used for actual crimes and have caused a considerable number of victims. In light of the fact that the Defendant received a considerable amount of money of KRW 1.7 million in return for two access media, the Defendant is sufficiently anticipated that the access media it lent can be abused for other crimes, but it appears that the Defendant lent it to be disadvantageous to the Defendant.

However, considering the fact that the defendant led to the confession and reflect of the crime of this case, and that it is the first offender who has no record of criminal punishment, there may be room to be punished by a fine only once.

In addition, comprehensively taking into account various sentencing conditions in the instant case, such as the equity of similar cases and punishment, the defendant’s age, sex, environment, etc., the lower court’s sentencing is not deemed to be excessively minor, beyond the scope of reasonable discretion.

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