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(영문) 수원지방법원 2018.10.26 2018노4643
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 is considered to be disadvantageous to the Defendant, in light of the following: (a) the Defendant’s lending account was actually used for the phishing fraud, as well as impairing the safety and trust of financial transactions; and (b) the leased media can be abused as a means of other crime.

On the other hand, the fact that the defendant is against the defendant's wrong recognition and there is no criminal history for the defendant, etc. are 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 before and after committing a crime, it is difficult to view that the lower court’s punishment is too uneasible 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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