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(영문) 서울중앙지방법원 2018.10.25 2018노1569

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the sentence (2 million won in penalty) imposed by the court below is too unfased.

2. The prosecutor’s assertion that the lending of an access medium provides the basis for continuous occurrence of the crime of Bosing fraud, and that if the rental of the access medium takes into account the harm and harm of the crime of licensing fraud that consists of a wide range of organized organization under a tight plan, the citizens’ lives should be subject to strict punishment.

However, the court below also considered these circumstances.

As the court below properly stated, there are circumstances favorable to the defendant, and there is no change in the circumstances or circumstances that can be newly considered due to the increase of punishment after the court below was sentenced.

In addition, in full view of all the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, sex, environment, motive for the commission of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court exceeded the reasonable bounds of discretion as it is excessively unhued.

It is difficult to see it.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.