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(영문) 서울남부지방법원 2020.05.26 2019노749
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the facts that the means of access that the Defendant transferred was actually used in the crime of telephone financial fraud, that the transfer of the means of access for electronic financial transactions would impair the security and reliability of electronic financial transactions and be used as the means of other crimes, or that the Defendant’s confessions and seriously reflects the Defendant’s crime, that there was no benefit from the instant case, and that there was no benefit from the Defendant in full view of all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, the circumstances after the crime, etc., the lower court did not find any circumstances that the lower court’s sentencing judgment against the Defendant was deemed to have exceeded the reasonable limit of discretion, or that it is unreasonable to maintain it as it is.

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 on the ground that it is without merit.

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