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(영문) 수원지방법원 2018.07.18 2018노359

전자금융거래법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable for the following reasons: (a) the Defendant’s mistake was divided and reflected by himself; (b) there is no benefit from the instant crime; and (c) the amount of damage caused by the instant crime appears to have been returned to the victim; and (d) there is no record of punishment for the same type of crime.

However, the crime of this case is deemed as impairing the credibility of electronic financial transactions, and social harm is significant, the access media transferred by the defendant was used for the criminal act of Bosing, and all of the sentencing conditions of this case, such as the defendant's age, sex, environment, the circumstances and result of the crime of this case, etc., in full view of all the sentencing conditions of this case, such as the defendant's age, sex, environment, the circumstances after the crime of this case, etc., the defendant and the prosecutor's above assertion are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.