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(영문) 대전지방법원 2019.08.07 2018노3122
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned legal principles, the lower court’s determination was made within a reasonable scope by fully taking account of all the circumstances regarding sentencing, including the following: (a) the Defendant’s transfer of the instant account despite hearing the horses that the Defendant would have been used for the purpose of money laundering; (b) the account that the Defendant transferred was actually used for the purpose of money laundering; and (c) the Defendant actually acquired the consideration for the amount of KRW 600,000; (d) the Defendant committed a crime; (b) the Defendant’s violation while committing a crime; and (c) the primary offender who has no criminal record; and (d) there was no other circumstance that may be newly considered in the trial; and (e) there was no other circumstance that could be newly considered in the trial of the lower court’s sentencing, such as the motive, means, and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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