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(영문) 대전지방법원 2017.12.20 2017노1872

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. The crime of this case was committed by making physical cards, etc. that can be used for other crimes, such as Bosing, and lent them to a person with no name, and the crime is not good, and the Defendant’s lending cream cards reach three and the Defendant’s payment is not sufficient. The fact that the above cream cards were actually used for the crime of Bosing, and the damage was inflicted on the Defendant.

However, the fact that the defendant recognized the crime of this case and reflects the mistake in depth, the benefit acquired by the crime of this case seems to be nonexistent, the defendant has no criminal record exceeding the same kind of criminal record and fine, and there is a very difficult economic situation.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.