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(영문) 서울남부지방법원 2018.05.24 2017노2057

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The lending of access media for electronic financial transactions is highly likely to be subject to criticism in that the access media is likely to be used for other crimes, such as fraud, and in this case, the check card lent by the Defendant was actually used for fraud.

However, the Defendant recognized the instant crime and opposed it.

There is no particular criminal offense against the defendant.

In addition, in consideration of all the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too uneasible and 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.