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(영문) 수원지방법원 2021.02.15 2020노5189
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal (one year of imprisonment) by the lower court is too unfilled and unreasonable.

2. The crime of this case is recognized as having received money with the knowledge that the defendant would be used for the crime of this case and kept four heads of the check card in the name of another person, which is an access medium, and the nature of the crime is bad, and the defendant has a criminal record for the same crime.

However, in full view of the following facts: (a) the Defendant recognized the instant crime and against his mistake; (b) the Defendant appears to have not been used in full scale for the instant crime; (c) the Defendant, after being investigated, pretended to lend his/her personal check to the Defendant; and (d) contributed to the investigation of the relevant crime by having an investigative agency arrest the person who has collected the Defendant’s personal check card; and (b) other factors such as the Defendant’s age, career, sex, sexual conduct, environment, motive, background, means, consequence, and consequence of the instant crime; and (c) the sentencing of the similar case as shown in the records and arguments, such as the circumstances after the crime, etc., it cannot be deemed that the Defendant’s sentence against the Defendant is too unreasonable

Therefore, the prosecutor's above 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.

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