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(영문) 부산지방법원 2019.07.18 2019노964
전자금융거래법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of 6 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (a fine of 6 million won) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the following: (a) the instant crime not only damages the safety and reliability of electronic financial transactions, but also can be abused for other crimes such as Bosing, etc.; (b) there is a need to strictly punish the instant crime; (c) there is penure and reflects errors; and (d) there is no criminal power for punishment.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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