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(영문) 수원지방법원 2019.01.17 2018노5526
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant’s mistake is against himself and the Defendant’s economic situation is difficult, the sentence of the lower court (a fine of KRW 5 million) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. However, the fact that the Defendant lent the means of access connected to his account in order to receive compensation, and the means of access leased or transferred as in this case is used as an essential criminal tool in a systematic crime, such as Bophishing, and that the leased or transferred person can be aware that the means of access is used for the illegal act, there is a need for strict punishment against the Defendant.

On the other hand, it is favorable to the defendant that there is no history of criminal punishment against the defendant, and that the defendant seems to reflect his fault.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances surrounding the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed to be too heavy, or unreasonable because it is too unreasonable to deem the sentence imposed by the Defendant as appropriate.

3. The appeal of this case by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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