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(영문) 광주지방법원 2018.12.11 2018노2000
전자금융거래법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one million won per punishment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant recognized and reflected the instant crime, the first offender, and the fact that the Defendant paid damages to the victim of the telephone financial fraud case committed by using the Defendant’s account.

However, the leased access media is used for crimes such as Bosing, so there is a high need for punishment, and even in this case, the account of the defendant is used for the crime.

There are no special circumstances or changes in circumstances that can be newly considered in the trial of the party, and comprehensively taking account of the records and arguments of this case, such as the defendant's age, sex, family relationship, circumstances of the crime, and the circumstances after the crime, the lower court's punishment is too heavy or unbrupted so that it cannot be deemed unfair.

Defendant

We do not accept the prosecutor's assertion.

3. The appeal by the defendant and the prosecutor 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.

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