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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. As to the summary of the grounds for appeal (a fine of three million won) declared by the lower court, the prosecutor asserts that the sentence is too uneasible and unreasonable, and the Defendant asserts that the sentence is too unreasonable.
2. We also examine the judgment prosecutor and the defendant's arguments.
The fact that the defendant led to the confession of the crime of this case and reflects the mistake, and that the defendant is the first offender who has no record of criminal punishment, etc. are favorable to the defendant.
On the other hand, the act of lending the means of electronic financial transactions, such as the instant crime, not only undermine the security and reliability of financial transactions, but also can be a means of various other criminal acts, especially singing fraud crimes which become social issues, and thus there is a very high need for strict punishment as well as the social harm. The fact that the account linked to the card lent by the Defendant was actually used for the singishing crime and the damage was inflicted on the Defendant is disadvantageous to the Defendant.
In addition to the above circumstances, the lower court’s punishment is deemed appropriate in light of the following: (a) there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower judgment; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, etc.
3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.