전자금융거래법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. On December 12, 2018, the Defendant did not submit the statement of grounds for appeal even though he/she was notified of the receipt of the trial record by this court on December 12, 2018, and the petition of appeal does not contain any grounds for ex officio examination on the records.
2. Determination on the prosecutor’s appeal
A. The gist of the grounds for appeal is that the lower court’s penalty of KRW 4 million (a fine of KRW 4 million) is too unhued and unreasonable.
B. There is no change in the conditions of sentencing compared with the original judgment as the new sentencing data was not submitted in the judgment of the original court. In full view of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing exceeded the reasonable scope of discretion because it is too unhued.
3. In conclusion, the appeal by the defendant should be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act; however, as long as the appeal by the prosecutor is dismissed pursuant to Article 364(4) of the Criminal Procedure Act because the appeal by the prosecutor is not well-grounded, the appeal by the defendant and the prosecutor shall be dismissed in entirety without separately rejecting