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(영문) 수원지방법원 2018.11.23 2018노5757
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. The lower court sentenced a fine of KRW 6 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions for sentencing in this Court, in particular, the fact that the defendant separates his mistake, there is no benefit from the crime of this case, and the fact that there is no benefit from the crime of this case, the judgment of the court below exceeded the reasonable limit of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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