logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.06.19 2020노377
전자금융거래법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

A. According to the evidence submitted by the prosecutor of mistake of facts, the court below acquitted the Defendant on the charge of aiding and abetting the phishing fraud by transferring the money with the awareness of the crime committed by the person who was not the person who was not the person who was the person who was not the person who was the person who was the person who was not the person who was the person who was the person who

B. The Defendant asserts that, with respect to the sentence of an unreasonable sentencing (a fine of three million won) by the lower court, the Defendant is too unreasonable, and the prosecutor argues that it is too uneasible and unreasonable.

2. Determination

A. In full view of the facts and circumstances revealed through the evidence duly adopted and examined by the prosecutor, the lower court acquitted the Defendant on the charge of aiding and abetting the fraud among the facts charged in the instant case on the grounds that it is difficult to recognize that the evidence submitted by the prosecutor alone was aware that the Defendant would facilitate the crime of fraud.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and since the prosecutor did not submit new evidence in the trial, it cannot be said that there was an error by mistake of facts and adversely affecting the conclusion of the judgment, as the prosecutor pointed out in this part of the judgment below.

B. In full view of the grounds for sentencing indicated in the instant argument and records on the assertion of unfair sentencing between the parties, the lower court appears to have rendered an adequate decision by fully considering the various grounds for sentencing alleged by the Defendant and the Prosecutor, and there is no special circumstance to the extent that the sentencing is modified ex post facto.

3. As such, the appeal by the defendant 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.

arrow