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(영문) 대전지방법원 2018.06.28 2018노179
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In light of the following: (a) the Defendant promised the receipt of the consideration to the name in return for the lending of a physical card linked to the account under one’s name to the name in order to impair the credibility of the safety performance of electronic financial transactions; (b) the Defendant’s account was used for the phishing crime; and (c) one of the reasons why the phishing crime is not cut, one of the reasons why the phishing crime was committed, as the Defendant, is due to the supplier of the phishing criminal organization, the phishing criminal intent is to punish the Defendant with severe punishment corresponding to the act.

However, when comprehensively taking into account all the sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances before and after the crime, the Defendant is deemed to have an opportunity to reflect on this case, so it is not easy for the Defendant to easily give money, and if the Defendant repeats the same act, it appears that the Defendant would have easily given money, and that the Defendant would have easily lent money to his name in his name and influence, and that the Defendant would have given a relatively low amount of 5,500,000 won. The Defendant’s punishment should be maintained only once, by taking into account the following factors: (a) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the Defendant would have an opportunity to reflect on this case.

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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