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(영문) 서울서부지방법원 2019.08.29 2019노574
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

An application for compensation by an applicant for compensation shall be 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. It is difficult to view that the lower court’s sentence was too unfilled and exceeded the reasonable scope of discretion, in light of the fact that there is no change in the conditions of sentencing compared to the lower court’s judgment as to the grounds for appeal, although the crime during the period of probation was committed, there is no same criminal record, reflects the fact that there is no criminal record, and the sentencing precedents

3. The crime of violating the Electronic Financial Transactions Act, which pronounced guilty of the Defendant regarding the determination of the application for compensation, does not fall under any of the crimes under the subparagraphs of Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and does not constitute an agreement between the Defendant and the applicant for compensation pursuant to Article 25(2) of the same Act, and thus, the application

4. The Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit. Since the application for compensation by the applicant for compensation is inappropriate, it is dismissed under Article 32(1) and (2) of the Act on Special Cases Concerning

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