beta
(영문) 부산지방법원 2019.06.20 2019노724

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below (the fine of KRW 3,00,000) is deemed to be too unhued and unfair.

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the fact that the defendant committed the crime of this case again, the defendant attempted to borrow a loan due to his living environment, and the details of the use of the physical card, and immediately reported the loss of the card.

B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.