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(영문) 수원지방법원 2018.11.29 2018노4115
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (4 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the fact that the Defendant lent his bank account access medium to receive compensation, the actual access medium was used in the singishing fraud crime, and the transfer or lending of the access medium, such as the instant crime, is the means of fraud, the crime of this case is not weak in terms of its nature.

However, in full view of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant has no history of punishment for the same kind of crime, that the defendant has taken the attitude of recognizing and opposing his mistake from the investigative agency to this court, and that the defendant's age, sexual behavior, environment, etc., it is not recognized that the sentence of the court below is too uneasible and unfair

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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