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(영문) 의정부지방법원 2019.08.16 2018노2527
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The crime of transferring the means of access requires strict punishment in that the transferred means of access can be used for other crimes with great social harm, such as scam and illegal gambling, and the actual use of the means of access on the illegal gambling site, etc. is against the Defendant’s disadvantage or against the Defendant’s recognition of the instant crime, the Defendant has no record of being punished or punished in excess of the fine prior to the instant crime, the Defendant appears to have no profits directly acquired through the instant crime, and there is no change in sentencing conditions compared with the lower court’s decision, in light of the following: (a) the Defendant is deemed to have no profits directly acquired through the instant crime; (b) there is no change in sentencing conditions compared with the Defendant’s failure to submit new sentencing data at the trial; (c) it cannot be deemed that the sentence imposed by the lower

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

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

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