beta
(영문) 수원지방법원 2018.08.10 2018노2312

전자금융거래법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is too unafford in the lower court’s punishment (five million won in penalty) and that it is improper for the Prosecutor to use it too unafford and unfair.

2. Circumstances favorable to the Defendant, such as the fact that the Defendant reflects the crime, the fact that the Defendant has no particular criminal history except for the Defendant who was sentenced to a fine once due to the crime of double-class, but the access media provided by the Defendant was used for the crime of telecommunications financing fraud, are disadvantageous to the Defendant.

Considering the above circumstances and the Defendant’s occupation, age, sexual conduct, health, environment, motive for committing a crime, and circumstances after committing a crime, the sentencing conditions indicated in the records are considered. Taking into account the following circumstances, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable, taking into account the following circumstances: (a) the lower court’s punishment is too heavy; and (b) the lower court’

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.