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(영문) 수원지방법원 2019.05.03 2018노7449

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) declared by the court below is too unfluent.

2. The Defendant’s promise to pay and lending the means of access to electronic financial transactions, thereby causing the victim to a crime using the said means, is disadvantageous to the Defendant.

However, it is favorable to the defendant that the defendant led to the confession of the crime of this case as the first offender and seriously reflects his mistake.

The lower court sentenced the Defendant to a four-month suspended sentence, taking into account the aforementioned circumstances, etc.

No such circumstance is found as the lower court’s judgment exceeded the reasonable bounds of discretion when comprehensively taking into account the conditions for sentencing and the applicable sentences in the trial, or as it is deemed unfair to maintain the lower court’s judgment as it is.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.