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(영문) 인천지방법원 2020.08.13 2019노4042
공전자기록등불실기재등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below is too unfased and unreasonable.

2. The crime of this case requires strict punishment on the following grounds: (a) the Defendant established a corporation solely for the purpose of opening a passbook and opened a financial transaction account in the name of the corporation and transferred the means of access connected to the said account; and (b) such act is not only detrimental to public confidence in the corporate register system and the security and reliability of electronic financial transactions, but also may cause multiple social and economic damage by abusing the relevant means of access to gambling or hosting crimes on the Internet.

There are 17 means of access delivered by the defendant, and some means of access are actually used for scaming, and the criminal liability of the defendant is heavier than that of the defendant.

However, the Defendant is opposed to the confession of the instant crime.

It seems that the Defendant did not clearly recognize that the means of access it delivered was used for the crime of Bosing.

At the time of committing the instant crime, the Defendant was the first offender, and thereafter, was sentenced to a fine on one occasion, and there was no special criminal record.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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