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(영문) 광주지방법원 2019.11.28 2018노1468
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 3,00,000) is too unhued and unreasonable.

2. The fact that the crime of this case is not good, etc. is disadvantageous to the defendant.

On the other hand, there are favorable circumstances such as the fact that the defendant shows the appearance of reflecting his mistake, the number of times of lending the means of access has been limited to one time, there is no benefit from the actual acquisition, and the fact that the defendant has no criminal record for the same kind of offense.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

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

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