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(영문) 수원지방법원 2018.04.20 2017노6587
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is committed by the Defendant by lending the physical card, which is an access medium, in return for monetary promise, and the nature of the relevant crime is not good, and it is also necessary to strictly punish the instant crime in view of the reality that the transferred access medium is abused for the crime of Bosing and causes enormous social harm.

In fact, the access media lent by the defendant was used for the crime and the damage was generated.

However, the Defendant recognized all of the crimes of this case, and was in violation of depth, and did not receive the promised price, it seems that there was no benefit acquired from the crime of this case.

There is no past record of criminal punishment imposed on an illegal act.

Considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after the crime, it is difficult to view the lower court’s sentence as deviating from the reasonable scope of discretion and as being unfair.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

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