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(영문) 대전지방법원 2018.11.22 2018노1346
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment that the court below rendered unfair sentencing (3 million won in penalty) is too uneasy and unreasonable.

2. In light of the following: (a) the Defendant promised to receive and pay the price in return for the lending of a physical card linked to the account held in his name to the name in order to impair the credibility of the safety performance of electronic financial transactions; (b) the Defendant’s account was actually used for the phishing crime; and (c) one of the reasons why the phishing crime is not cut, one of the reasons why the phishing crime belongs to the supplier of the phishing criminal organization, such as the Defendant, it is necessary to punish the Defendant with severe punishment corresponding to the act.

However, in light of the fact that the Defendant was sentenced to a fine for gambling in 2009 as well as the fact that there was no other criminal records, and that there was no benefit from the Defendant’s actual commission of the instant crime, and other various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the Defendant is deemed to have an opportunity to reflect on the instant case only by a fine. As such, the Defendant is deemed to have an opportunity to reflect on the instant case. Thus, there is no way to easily give money to the Defendant, and if the same act is repeated, the Defendant shall be given a strict warning that there is no room to face any more than once, and the lower court’

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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