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(영문) 수원지방법원 2019.07.04 2019노765
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. The crime of this case is determined on the following grounds: (a) the Defendant promised to receive the price of KRW 80,00,000 per day from the Defendant and lent one physical card connected to the account held in the name of the Defendant to the person in violation of the content and method of the crime; (b) the crime of lending or transfer of the means of access is not good in light of the content and method of the crime; (c) the crime of lending or transfer of the means of access constitutes another secondary crime, such as Bophishing, and is highly likely to cause an unspecified number of victims; and (d) the Defendant’s lending card was actually used for the crime of Bophishing, and the damage was actually caused, but the court below also determined the punishment in consideration of all the above sentencing factors.

In light of these circumstances, the Defendant led to confession of and reflect on the crime, the Defendant did not have any criminal record of punishment for the same crime or of punishment exceeding the suspension of the execution of imprisonment for the same kind, and other various sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, career, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed unfair because it is too unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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