logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.12 2017노7409
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 (five million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant promised the Defendant to receive monetary compensation and lent two approaches; (b) the Defendant’s leased media were used to do so; and (c) the Defendant appears to have obtained gains, such as balance in the passbook.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, and the fact that the defendant has long been punished once due to the crime of different types, and that there is no particular criminal history, etc. are favorable to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.

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.

arrow