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(영문) 대전지방법원 2018.01.10 2017노2257

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

2. The crime of this case is an unfavorable circumstance where the Defendant established a separate legal entity as well as the account in the name of the principal, and thereafter lent the access media, such as the account in the name of the legal entity, to a person with no name, and the crime is not good, and the Defendant’s access media appears to have been used for the crime of fraud.

However, the fact that the defendant recognized the crime of this case and reflects it, and that there is no other criminal record than twice the fine due to the crime of this case.

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 (Article 25(1) of the Rules on Criminal Procedure, but it is corrected to delete the list of crimes among the facts constituting the crime of the judgment below pursuant to Article 25(1)