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(영문) 수원지방법원 2018.09.07 2018노3980
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 (10 million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant appears to have acquired a certain amount of consideration for the instant crime; the fact that the access media transferred by the Defendant was actually used for the instant crime of illegal foreign exchange transactions is unfavorable to the Defendant, or is against the Defendant’s wrong recognition; and the instant crime is in a concurrent relationship between the crime of violation of the Game Industry Promotion Act established by the judgment as of October 28, 2017 and the crime of this case, and the crime of this case requires the determination of punishment in consideration of equity with the case of concurrent crimes after Article 37 of the Criminal Act; and it is difficult to view that the lower court’s punishment is unfair by comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, environment, family relationship, motive for the crime, and circumstances after the crime.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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