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수원지방법원 2018.11.08 2018노3806
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant committed the instant crime while being aware that he was to be used for an illegal purpose, the court below's punishment (three million won in penalty) is too unfeasible and unfair.

2. In light of the fact that the Defendant lent his bank account access medium to receive compensation, the actual access medium was used in the singishing fraud crime, and the transfer or lending of the access medium, such as the instant crime, is the means of fraud, the crime of this case is not weak in terms of its nature.

However, in full view of the fact that the Defendant has no record of punishment for the same kind of crime, the fact that the Defendant appears to have committed the instant crime in an economically difficult situation after his/her position, and all other sentencing conditions shown in the instant argument, including the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.