beta
(영문) 수원지방법원 2016.12.08 2016노3407

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three million won of a fine) is too unhued and unreasonable.

2. Although the judgment defendant committed the instant crime even if there were several records of past criminal punishment, the fact that the passbook illegally lent by the defendant was actually used for telecommunications-based financial fraud, etc. is disadvantageous to the defendant.

However, in full view of the fact that the Defendant appears to have recognized the crime of this case, the number of means of access leased by the Defendant is not large, and the frequency of the crime is also limited to once, and the Defendant appears to have little profit from the crime of this case, and all other factors of sentencing as indicated in the argument of this case, including the Defendant’s age, character and conduct, environment, and family relationship, it is difficult to deem that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.