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(영문) 수원지방법원 2020.06.11 2020노842
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (7 million won of a fine) is too unhued and unreasonable.

2. The crime of this case is acknowledged in light of the method and content of the crime by means of lending three physical cards connected to the bank account in the name of the defendant with the proposal that the defendant would have to get a low interest loan from the person in violation of his name, and in light of the method and contents of the crime, etc., the crime of this case is highly likely to be used as a means of crime, such as singing and gambling if the means of access is leased. The means of access actually leased by the defendant was used for the crime of singishing, and the victim occurred after the means of access was actually used for the crime of singishing, and the defendant committed the crime of this case by taking part in the crime of singishing and taking part in the punishment of imprisonment with prison labor for the crime of sing

However, in light of the following: (a) the Defendant fully recognized the instant crime and commits an erroneous act; and (b) the instant crime is in a concurrent relationship between the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the latter part of Article 37 of the Criminal Act; and (c) the equitable relationship with the case to be judged at the same time; and (d) the amount of damage was refunded to some defraudeds; and (e) the Defendant’s age, character, environment, motive and background leading up to the instant crime, means and consequence

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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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