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(영문) 서울남부지방법원 2017.12.14 2017노777
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case was committed by the Defendant with knowledge that the Defendant would be used in committing the crime, and the actual account was used for the crime of Bosing fraud, and the Defendant’s liability is not less than that of the Defendant.

However, the Defendant, as the first offender, recognized the instant crime and opposed to the mistake.

According to the records, it seems that the Defendant did not recognize that the access media was actually used for the phishing crime.

The benefits acquired by the Defendant by committing the instant crime are only KRW 100,000. Other factors favorable or unfavorable to the Defendant, as well as the circumstances of the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., and the reasons for sentencing of the lower judgment, compared with the circumstances of the instant case and the reasons for sentencing, the lower court’s punishment is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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