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(영문) 수원지방법원 2018.02.08 2017노4935
전자금융거래법위반
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. The appellant against the defendant's appeal shall submit a statement of reasons for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and in cases where the reason for appeal is not submitted within that period, the appellate court shall dismiss the appeal by decision, unless there is any reason to ex officio examination, or the reason for appeal is specified in the petition of appeal (Article 361-4(1) of the same Act). The defendant is not required to submit a statement of reason for appeal within the period for submission of due reason for appeal, and the petition of appeal does not include the reason for ex officio examination of the appeal, and no reason exists even if the records are examined.

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal (unfair sentencing) is that the Defendant promised to receive a physical card, which is an access medium used in electronic financial transactions, and lends the name to the person in whose name the Defendant was not the party in whose name the crime is not good. In light of the above, the sentence of the lower court that sentenced a fine of KRW 3 million is too uneasible and thus, is unreasonable.

B. In full view of the facts alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, so there is no record of criminal punishment for the same kind of crime, and all the conditions of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the above assertion is without merit.

3. Since the appeal by the prosecutor in conclusion is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the appeal by the defendant shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act, or as long as the appeal by the prosecutor is so decided as above, the appeal by the defendant shall also be dismissed by judgment. It is so decided as per Disposition.

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