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(영문) 창원지방법원 2018.05.16 2018노537
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of three million won);

2. The crime of this case is that the defendant lent a medium of access to electronic financial transactions to others, and it can cause damage to many and unspecified persons by using it for the so-called Bosing crime. Thus, the crime of this case is less complicated.

It can not be seen that the account in fact connected to the access media that the defendant lent is used for fraud crime.

However, taking into account the following factors: (a) the Defendant led to the confession of and reflect against the crime; (b) the Defendant appears to have no particular benefit from the crime; (c) there was no same criminal record, and there was no record of punishment other than twice a fine; and (d) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime; and (c) circumstances after the crime, etc., the lower court’s punishment is too unfeasible and unreasonable, as it is too unfas

The prosecutor's assertion is without merit.

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

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