logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.17 2019노3604
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the following circumstances: (a) in return for promising the Defendant to receive the price and lending the physical card connected to the account under the name of the Defendant; (b) in light of the content and method of the crime, the crime of lending or transfer of the means of access is inferior; (c) the lending or transfer of the means of access constitutes another secondary crime, such as Bosinging, etc.; and (d) there is a high risk of causing an unspecified number of victims to win-out; and (c) the Defendant’s lending of the means of access was actually used for the singishing crime; and (d) the Defendant’

In addition, considering the following circumstances: (a) the means of access leased by the Defendant is only one means of access; (b) the Defendant led to the instant crime; (c) the Defendant is in profoundly against his/her own mistake; and (d) the Defendant has no record of punishment in the Republic of Korea; and (c) the equity in sentencing with similar and similar incidents; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and (e) other various conditions of sentencing as indicated in the instant pleadings, including the circumstances

Therefore, the prosecutor's above assertion is not accepted.

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.

arrow