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(영문) 대전지방법원 2019.01.10 2018노2048
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The penalty imposed by the court below on the grounds of unfair sentencing (three million won of a fine) is too uneasible and unfair.

2. The instant crime is considered to be the hot level of the crime of Bosing fraud, and there is a significant need for strict punishment. The actual occurrence of the instant crime is the victim of Bosing fraud, and the Defendant had already completed six times prior convictions, etc. that are disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant, the fact that the defendant does not have the same criminal record, and the fact that the defendant seems to have no actual profit from the crime of this case, and other factors of sentencing specified in the records and arguments, including the defendant's age, character and conduct, environment, motive and means of the crime of this case and the circumstances before and after the crime of this case, it seems that in this case, the punishment of the court below only

(3) If the defendant commits the same crime again, the prosecutor's appeal is without merit. Thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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