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(영문) 대구지방법원 2017.11.01 2017노3081

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of lending an access medium like this case is highly likely to be abused for another serious crime by impairing the safety performance of electronic financial transactions and undermining the credibility of the safety performance of electronic financial transactions, and actually, the account of the access medium leased by the Defendant was used for the so-called “ Bosing,” and the amount of damage was deposited. However, it is recognized that the Defendant recognized the instant crime and reflects his mistake. Meanwhile, the Defendant did not have any record of criminal punishment, and the Defendant appears to have never been subject to criminal punishment, and that the amount of damage was not withdrawn as the crime was discovered early. In addition, considering all the sentencing conditions indicated in the records of this case, such as Defendant’s age, sexual behavior, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too uneasible and thus, 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.