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(영문) 창원지방법원 2018.04.18 2017노2610
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of five million won);

2. The lower court determined the sentence by taking account of the following factors: (a) the Defendant’s recognition of the instant crime and reflects the Defendant; (b) the benefit acquired by the Defendant in this case; (c) the benefit of having no criminal punishment for the same kind of crime; (d) the lending of the electronic financial transaction access medium to another person could cause damage to unspecified majority; and (e) the actual circumstances of the account linked to the access medium that the Defendant lent was used for fraud; and (e) other factors of sentencing specified in the instant records and pleadings, including the Defendant’s age, sexual behavior, environment, motive and means of the crime; and (e) the circumstances of the crime after the crime.

The grounds for the improper sentencing (the poor nature of crime, social harm, necessity of punishment) alleged by the prosecutor are shown to have been sufficiently considered in determining the sentence against the defendant by the court below, and the above conditions of the sentencing have changed in the trial.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and 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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