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(영문) 수원지방법원 2016.11.18 2016노4459
전자금융거래법위반
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of three million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant did not have existed in the judgment, and that the defendant recognized the crime of this case and reflects it.

On the other hand, the transferred means of access is being used as an essential means of crime in organized crimes, such as phishing and gambling, and there is a need to strictly punish the transferred means of access in that it can be recognized that it is used in the illegal act.

In full view of the aforementioned various circumstances as well as the Defendant’s age, character and conduct, motive and frequency of the instant crime, the frequency of the crime, and the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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