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(영문) 수원지방법원 2017.08.18 2017노1293
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentencing by taking into account the following favorable circumstances: (a) considering the fact that the Defendant agreed to receive the consideration and lent the access medium; (b) the Defendant used in the Defendant’s lending the access medium; (c) the fact that the Defendant recognized the mistake and reflects; (d) the Defendant was the first offender; (c) the Defendant was the first offender; (d) the Defendant did not have any profit acquired by the Defendant’s criminal act; and (d) the amount deposited in the Defendant’s account was returned to the victim due to the withdrawal of the money deposited therein; and (e) taking account of the favorable circumstances, the sentence was determined by comprehensively taking into account all the conditions indicated in the pleadings, such as the Defendant’

When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.

Inasmuch as there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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.

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