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(영문) 창원지방법원 2018.08.22 2018노1008
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal each sentencing (the sentence of the lower court: a fine of KRW 3,00,000)

2. The lower court determined the sentence by taking into account the following factors: (a) the Defendant had no record of punishment for the same kind of crime; (b) the Defendant’s age, sex behavior, environment, motive and means of the crime; and (c) the circumstances after the crime were committed; and (d) the sentence was imposed by taking into account

The grounds for the illegality of sentencing alleged by the Defendant (such as the fact that the cream card leased by the Defendant was not known to be used for licensing) and the grounds for the illegality of sentencing alleged by the Prosecutor (the seriousness of the Bosing crime, the gravity of the instant crime and the need for strict punishment) appear to have been sufficiently considered by the lower court in determining the punishment against the Defendant, and otherwise, the above conditions of sentencing have changed.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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