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Defendant
B All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.
B. Each sentence against the Defendants of the lower court (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 5 million) is too uneased and unreasonable.
2. The facts that the defendants recognized the crime of this case and against the violation of the Telecommunications Business Act in the case of the defendant A are more favorable than others, and the principle of equity should be considered in the case of the defendant A with the violation of the Telecommunications Business Act as stated in the judgment of the court below, and the payment of the amount equivalent to
The defendants committed the crime of this case without being aware of the fact that they committed the crime even during the period of repeated crime, and transfer of the access media for electronic financial transactions can be used as a means of other crimes, which is disadvantageously punished.
There is no special relationship or change of circumstances that can be newly considered in the trial of a party, and comprehensively taking account of the records and arguments of this case, such as the age, sex, family relationship, circumstances of the crime, and the circumstances after the crime, it does not seem that each punishment against the Defendants is too heavy or unreasonable.
Defendant
B and Prosecutor’s assertion is rejected.
3. Conclusion, the appeal by Defendant B 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.