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(영문) 수원지방법원 2018.01.26 2017노5461
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (4 million won in penalty) is too unfluent and unreasonable.

2. In full view of the following circumstances: (a) the confession of the Defendant’s judgment, the first offender, the fact that the Defendant did not gain any actual benefit, etc.; (b) the Defendant’s account transferred was used to commit the phishing fraud; and (c) the Defendant’s age, sexual conduct, motive for the commission of the crime, frequency of the crime, method of the commission of the crime, circumstances after the commission of the crime, etc., 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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