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(영문) 수원지방법원 2018.06.01 2018노417

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In light of the circumstances unfavorable to the Defendant, the lower court determined the sentence against the Defendant by taking account of the following factors: (a) considering the fact that the instant crime was committed not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes such as phishing crimes; (b) the fact that the Defendant transferred a number of accounts; (c) the account was actually used for phishing crimes; and (d) a number of victims, including the Defendant’s punishment, have a number of criminal records; (d) considering the fact that the Defendant recognized the Defendant’s mistake and reflects the Defendant’s mistake; and (e) there was no record of the same punishment; and (e) taking into account the Defendant’s age, sex, and environment,

Inasmuch as the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by fully taking into account the above conditions of the sentencing, it is difficult to view that the lower court’s sentence is too uneasible and unfair.

Therefore, the prosecutor's above 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.