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(영문) 의정부지방법원 2020.01.10 2019노610
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of transferring the means of access requires strict punishment in that the transferred means of access can be used for another crime, and the actual use of the means of access by the defendant is against the defendant, or is against the defendant's recognition of the crime in this case; there is no record that the defendant was punished or punished in excess of the fine before the crime in this case; there is no change in sentencing conditions compared with the original judgment; there is no change in the defendant's age, character and behavior, environment, motive, means and consequence of the crime in light of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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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