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(영문) 대구지방법원 2016.11.18 2015노3523

전자금융거래법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) is too unhutiled and unfair.

2. Determination is an unfavorable circumstance such as the Defendant’s violation of the Electronic Financial Transactions Act, the charge of criminal punishment for fraud, the failure to agree with the victims of fraud up to the core trial, the transfer of the means of electronic financial transactions not only undermine the stability and reliability of financial transactions, but also undermining the stability and reliability of financial transactions, various other criminal acts, particularly social issues, and social harm is high, and the passbook transferred by the Defendant is actually used for the scaming crime, and damage occurs due to the use of the passbook in the scaming crime. However, the Defendant’s confession of the crime in the instant case in entirety against the mistake, the benefit acquired by the Defendant is not much high, and other favorable circumstances such as the Defendant’s age, character and conduct, environment, the motive and circumstances leading to the instant crime, the means and consequence thereof, the circumstances after the instant crime, etc., are considered, and thus, the prosecutor’s assertion that the lower court’s punishment is unreasonable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.