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(영문) 광주지방법원 2018.10.25 2018노1524
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 (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. The Defendant’s act of lending the access media to another person like the instant crime requires strict punishment as it can be used as a means of other crimes, such as hosting, etc. In this case, the access media leased by the Defendant in the instant case is also considered disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects the mistake of the defendant, only the fact that the defendant has been punished by a fine for a crime of double-class, the defendant was not able to gain profits from the crime of this case, and the fact that the defendant did not return the money deposited by the crime of fraud using the access media of this case to the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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