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(영문) 수원지방법원 2018.01.12 2017노6838

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 (3 million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant promising the defendant to receive monetary compensation in return for lending the access media, and the fact that the access media leased by the defendant was used for the phishing crime is disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized his mistake and is against the defendant, that the defendant has no same history of punishment, and that the defendant could not be able to take advantage of the crime of this case.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment 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.