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(영문) 수원지방법원 2018.09.20 2018노2235
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (3 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. In light of the fact that the Defendant transferred his bank account access media to receive remuneration, the actual access media was used in the singishing fraud crime, and the transfer or lending of the access media, such as the instant crime, is the means of fraud, the crime of this case is not less complicated than the nature of the crime.

However, in full view of the following factors: (a) there is no history of criminal punishment against the Defendant; (b) the Defendant has taken the attitude of recognizing and reflecting the Defendant’s mistake from the investigative agency to the instant court; and (c) the age, sexual conduct, environment, etc. of the Defendant, the lower court’s punishment is too unfasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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