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(영문) 수원지방법원 2018.07.11 2018노1100
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 instant crime was committed not only undermining the safety and trust of financial transactions, but also undermining the nature of the crime because it can be abused as a means of other crimes such as phishing crimes, etc., and the fact that the Defendant’s lending account was actually used for phishing crimes is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is recognized as committing his crime and is against the defendant, and that the defendant has no record of punishment exceeding the same type of punishment or fine is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate 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.

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