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(영문) 수원지방법원 2018.01.11 2017노5261
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 (3 million won in penalty) is too unhued and unreasonable.

2. The instant crime committed by the Defendant promising the Defendant to receive compensation and lending the approaching medium is an act facilitating various criminal acts, such as the so-called “scaming,” using the access medium under the name of another person, and the nature of the crime is very poor when considering the social harm. In fact, the fact that the access medium leased by the Defendant was used for the crime of fraud, and the victim was committed is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions indicated in the records of this case, such as the fact that the defendant acknowledges and reflects all of his criminal acts, the fact that there is no record of punishment for the same kind of crime, the fact that the crime of this case is deemed to have been one time, and other all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, circumstances and motive of the crime, etc., the prosecutor's 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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