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(영문) 수원지방법원 2018.02.02 2017노1005

전자금융거래법위반

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons 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. In light of the favorable circumstances, such as the Defendant’s confession and rebuttal, the Defendant’s confession, the absence of punishment exceeding fines, the seizure of an access medium, and the fact that the Defendant was not actually used for an actual crime, the following: (a) the Defendant’s distribution of an access medium with the knowledge that it would be used by the illegal gambling site operator is unreasonable; and (b) the Defendant’s age, sex, motive, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.