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(영문) 대구지방법원 2016.07.01 2016노204

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 instant crime requires strict punishment in light of the fact that the Defendant transferred an access medium likely to be misused for the instant crime, such as hosting, etc., and that the instant criminal act is an unspecified number of victims.

However, the defendant did not have the history of criminal punishment for the first offense, and recognized the crime of this case and is in violation of depth.

In addition, the amount of damage caused by the fraudulent crime by using the passbook transferred by the defendant is insignificant, and the payment is suspended at present and the victim is returned.

In addition, in full view of the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, record of crime, motive, means and consequence of the crime of this case, and the circumstances after the crime, it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

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.