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(영문) 서울중앙지방법원 2020.06.18 2019노4267
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.

2. The Defendant agreed to receive compensation and lent the means of access used in electronic financial transactions. Such a crime is highly likely to be abused for various crimes, such as scam, etc.

In fact, the means of access in this case was used for the crime of Bosing, causing damage.

However, the defendant recognizes a crime and is in deep reflect on it.

Although the defendant was sentenced to a fine, the victim has no record of being punished for the same crime, and the victim paid the amount of damage to Bosing the victim, and expressed his intention of not to punish the defendant.

In addition, taking account of the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, degree of benefit gained by the crime, circumstances after the crime, and other various sentencing conditions as shown in the pleading, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.

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

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