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(영문) 수원지방법원 2018.04.27 2017노7929
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 (3 million won in penalty) is too unhued and unreasonable.

2. The lending of an access medium for electronic financial transactions can be used for a crime that impairs transparency in financial transactions and has great social harm, and the fact that the Defendant’s cash card was actually used for the criminal conduct of licensing is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no profit from lending an access medium, the fact that the defendant was sentenced to a total of four times fine due to the violation of the Act on the Establishment of Local Reserve Forces and the violation of the Road Traffic Act, and that there is no criminal record since 2004, etc. are favorable to the defendant.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances, age, sex, environment, etc. after the crime of this case, the sentence of the court below is appropriate, and it is not deemed unfair because it is too low.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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