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(영문) 수원지방법원 2018.01.26 2017노7111
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

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

The crime of transferring access media under the Electronic Financial Transactions Act can be a means to facilitate other crimes against many unspecified persons, such as Bosing, etc.

There are two transferred approach media.

In fact, the access media that the Defendant agreed to receive compensation and transferred was used for the phishing crime.

On the other hand, the following conditions are favorable.

It seems that the approach media will be transferred without the clear awareness that it will be used for licensing crimes by reporting the word of advertising to recruit accounts to be used in evading liquor-related taxes.

There is no record of criminal punishment, not only once a fine is imposed for a crime of double species, but also criminal punishment.

In light of the aforementioned circumstances, the lower court sentenced the Defendant to a fine of KRW 4 million.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

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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