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(영문) 인천지방법원 2018.11.23 2018노1666
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 (two million won in penalty) is too unhued and unreasonable.

2. Even when considering the fact that the Defendant transferred the access medium, the fact that the access medium transferred by the Defendant was actually used for the commission of the phishing fraud, and the need for the social risk and punishment of the crime of transferring the access medium, the Defendant’s account was suspended by confirming that the amount of the phishing damage was deposited in his account after the instant crime, reporting the loss of the cam card, and the account was suspended by reporting the loss of the cam card. The Defendant’s recovery of the amount of damage, the fact that the Defendant did not have the record of criminal punishment, and other factors indicated in the record, such as the Defendant’s age, sexual behavior, environment, circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too una

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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