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(영문) 대구지방법원 2017.11.15 2017노3493

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The crime of transferring an access medium, such as the instant crime, is highly likely to be abused for another serious crime by impairing the stability and reliability of electronic financial transactions, and the account actually transferred by the Defendant was used in the so-called “scaming,” and the damage was incurred. However, even though the Defendant recognized the instant crime, and the Defendant reflects his mistake, and considering all the sentencing conditions indicated in the instant records, such as the Defendant’s character and conduct, environment, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.