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(영문) 수원지방법원 2019.05.03 2018노8305
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of the transfer of the means of access under the Electronic Financial Transactions Act can be a means to facilitate other crimes against many and unspecified persons, such as scam, etc.

Although the defendant was sentenced to suspension of indictment and sentenced to a fine for the same crime, he again committed the crime of this case.

The means of access that the Defendant transferred was actually used for the crimes of Bosing.

On the other hand, the following conditions are favorable.

Confession of crime and reflects it.

There is no profit gained by the defendant from the crime of this case.

In light of the aforementioned circumstances, the lower court sentenced the Defendant to a fine of KRW 7 million.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing and the applicable sentences in the trial, or that it is deemed unfair to maintain the lower court’s determination of sentencing.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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