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(영문) 수원지방법원 2018.07.20 2018노710
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is too unafford in the lower court’s sentence (3 million won in penalty) and that it is unfair for the Prosecutor to use too unafford and unfair.

2. The circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the defendant has no record of punishment exceeding the same kind and fine, and the fact that there is no profit acquired from the crime of this case, etc., but the access media provided by the defendant used for the crime of telecommunications fraud are disadvantageous to the defendant.

Considering the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sexual conduct, family relationship, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment is too heavy or unreasonable, taking into account the following circumstances, given that there are no special changes in circumstances that may be assessed differently from the sentencing conditions of the lower court.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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