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(영문) 광주지방법원 2018.12.13 2018노1202
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 4,00,000) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

It is necessary to strictly punish the Defendant’s act of lending the access media to others, such as the instant crime, because it can be used as a means of other crimes, such as scam, etc.

In this case, the Defendant’s access media was also used to commit the phishing fraud, thereby causing damage.

On the other hand, the fact that the defendant reflects the wrong, and that there is no record of punishment for the same kind of crime is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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