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(영문) 수원지방법원 2018.09.20 2018노3125
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (3 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

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 history of punishment in the Republic of Korea, the defendant's attitude of recognizing and reflecting his mistake from the investigative agency to this court, and all other factors of sentencing as shown in the argument of this case, including the age, sexual behavior, environment, etc. of the defendant, it is not recognized that the sentence of the court below is too uneasible and unfair

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.

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