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(영문) 수원지방법원 2019.09.16 2019노1655
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Statement of suspension of account after confirming that the defendant had no profit acquired by the crime of this case, and that the defendant had been used in the crime such as the physical card he provided.

Considering that there is a hearing, the sentence of the lower court (hereinafter referred to as a fine of 4 million won) is too unreasonable.

B. In light of the fact that the act of lending, etc., such as the instant crime by the prosecutor, etc., such as the instant crime, may cause a large number of victims as the means of committing Bosing crimes, the lower court’s punishment is too unfeasible and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is so fluent that it exceeded the reasonable scope of discretion.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of the appeals are dismissed. It is so decided as per Disposition.

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