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(영문) 서울남부지방법원 2018.04.05 2017노610

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The act of lending the access media, such as the instant crime, can be used for the crime of Bosing, etc. In fact, the Defendant’s act of lending the access media is disadvantageous to the fact that the damage was caused by the use of the access media for the crime of licensing and that the damage was not light.

However, there are more favorable circumstances, such as the fact that the Defendant recognized the instant crime from the beginning of the investigation, the Defendant did not have any criminal record, the Defendant appears not to have directly participated in or aided the details of the instant crime, and the Defendant did not have any profit from the instant crime.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions specified in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it is not deemed unfair.

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.