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(영문) 수원지방법원 2019.07.25 2019노1810
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. The crime of this case was committed in return for the promise of 3 million won to the defendant to receive the price, and is not less than a liability for the crime of lending 1 physical card connected to the account held in the name of the defendant to the person in violation of the name of the defendant. The crime of lending or transferring the means of access constitutes another 2 crimes such as Bosing, etc., and thus, it is highly likely that many and unspecified victims will be injured. Therefore, the defendant's lending of the means of access is in need of strict punishment. It is recognized that the physical card was actually used for the crime of Bosing and causing damage, but the court below also determined the punishment in consideration of all the above sentencing reasons.

In full view of such circumstances, the first offender who has no record of punishment for the Defendant, the Defendant’s confession, reflects, and commits an offense, and there is no interest that the Defendant acquired by the instant crime, and other various sentencing conditions as shown in the pleadings of the instant case, including the Defendant’s age, career, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence of the lower judgment cannot be deemed unfair because it is too unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

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

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