logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.06.22 2017노1292
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The court below's sentence (4,00,000 won) against the defendant in summary of the reasons for the prosecutor's appeal is unreasonable because it is too unfasible.

Judgment

The crime of this case is deemed to disrupt the order of electronic financial transactions by lending the body card, etc. under the name of the defendant to the needy person in return for the promise of compensation. In light of the circumstances and details of the crime, the liability for the crime is grave, and the above account lent to the needy person was actually used in the second criminal fraud crime, and additional criminal damages were incurred, etc., which are disadvantageous to the accused.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, the defendant seems to have no substantial benefit from the crime of this case in the wind of unsatisfying the unsatisfy, the defendant is the first offender who has not been subject to criminal punishment so far, in our criminal litigation law, which takes the trial-oriented principle and the principle of direct supervision, where there exists the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance judgment, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant do not fall under any special change of circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and considering all circumstances, such as the defendant's age, sexual behavior, environment, etc., the defendant's punishment against the defendant is too unfair.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

arrow