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(영문) 서울중앙지방법원 2017.12.07 2017노3536
전자금융거래법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable (defendants) or unhulled (prosecutors).

2. The lower court rendered a fine of KRW 5 million against the Defendant, taking into account the favorable circumstances, such as the fact that the Defendant was punished as a fine for the same crime, but the Defendant’s account transferred was used for a financial fraud crime, the fact that the Defendant recognized and reflected the crime, and that the Defendant appears to have committed the instant crime by failing to meet his living standard, etc., by sentencing a fine of KRW 5 million against the Defendant.

In light of the sentencing conditions acknowledged by the court below, since the sentencing of the court below seems to be within the reasonable scope of discretion, and there is no particular change in the sentencing conditions compared to the court below at the same time, it cannot be deemed that the sentencing of the court below is hot or unhuable and unfair.

3. Conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit.

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