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(영문) 광주지방법원 2018.10.18 2018노1329
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 (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. The fact that the Defendant agreed to receive compensation and lent the access medium, and that the access medium leased by the Defendant was used for committing the phishing fraud is disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects his mistake, that the defendant has no record of punishment except that he has been punished once in 2009 for another type of crime, and that he returned the money deposited in the connection account of the leased access media is more favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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