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(영문) 의정부지방법원 2020.01.17 2019노220
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the judgment of the court below (the suspension of sentence of a fine of three million won) is too unhued and unreasonable.

2. The fact that the Cze Card leased by the Defendant appears to have been used for the criminal act of licensing is an unfavorable circumstance.

However, there are favorable circumstances, such as the fact that the Defendant recognized the instant crime, the fact that it appears to be against the depth of the instant crime, the first crime, and the fact that it appears that there is no profit acquired from the instant crime.

In full view of such circumstances as well as the Defendant’s economic ability, age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, there is no change in the sentencing conditions as shown in the records and arguments of this case, and there is no change in the sentencing conditions compared with the original judgment, it is difficult to see that the lower court’s sentence is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing 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.

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