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(영문) 수원지방법원 2017.12.07 2017노5264
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 (4 million won in penalty) is too unhued and unreasonable.

2. The instant crime committed by the Defendant who promised to receive compensation and transferred access media is an act facilitating various criminal acts, such as the so-called “scaming,” using access media under the name of another person, and the nature of the offense is very poor when considering the social harm. The Defendant actually transferred access media used to commit fraud, resulting in the victim’s occurrence, and the Defendant was subject to suspension of indictment for the same kind of crime around 2012.

However, in full view of all the sentencing conditions in the records of this case, including the fact that the Defendant appears to recognize and reflect all of his criminal acts, the fact that there was no record of punishment exceeding the fine, and other various sentencing conditions in the records of this case, such as the Defendant’s age, sex, environment, circumstances and motive of the crime, etc., the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfeasible and unfair

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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