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(영문) 제주지방법원 2019.08.13 2018노709
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

In light of all the sentencing conditions indicated in the records and pleadings of this case, including the fact that the lower court’s punishment (fine of 6 million won) against the Defendant was too unfluent and unfair, but the Defendant recognized the crime of this case, divided the errors, and did not seem to have actually obtained economic benefits due to the crime of this case, the Defendant again committed the same kind of crime even though he was sentenced to a fine for the violation of the Electronic Financial Transactions Act on June 2017, and the personal card leased by the Defendant was used for the crime of Bosing with great social harm, it is not determined that the lower court’s punishment imposed on the Defendant for the reasons stated in its reasoning is unreasonable.

Since the prosecutor's appeal is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(A) The Prosecutor corrected the “transfer or acquisition” of Section 2 of the facts charged in the instant case at the trial, and added “the Defendant” of Section 3 to “a proposal to lend KRW 5 million to the Defendant,” and the Defendant corrected Section 6 as “the Defendant promised to lend the physical card and its password, which is the means of access, while promising the Defendant to do so,” and applied for permission of this court to amend the applicable provisions to “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act”. However, it cannot be deemed that the subject of the judgment at the trial at the trial or that there was a change to the extent that it was affecting the Defendant’s exercise of the right to defense. Thus, the lower court did not reverse the judgment on the ground of changes in indictment and the corresponding part of the lower judgment is corrected as above).

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