logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.10 2019노533
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The instant crime committed by the Defendant promising the Defendant to receive compensation and lending the means of access is very poor when considering the social harm of the act that facilitates various criminal acts, such as the so-called “wishing” crime using the means of access under the name of another person.

In fact, the fact that the means of access that the defendant transferred was used for the crime of fraud and the victim was generated is disadvantageous to the defendant.

However, in full view of all the sentencing conditions stated in the records of this case, including the defendant's age, character and conduct, environment, background of the crime, circumstance after the crime, etc., the court below's punishment is too uneasy and unreasonable, and it is not recognized that the crime of this case was one time, and that the defendant seems to have been the first time of the crime of this case, and that the defendant suffered from chronic kidney diseases and is seen to have reached the crime of this case in order to provide medical treatment expenses.

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. It is so decided as per Disposition.

arrow