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(영문) 대전지방법원 2019.06.05 2018노2252

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. According to the circumstances, such as the occurrence of a number of victims of the crime of licensing through the financial account in the name of the Defendant, the degree of damage therefrom is considerable, and the Defendant’s crime is a crime that disturbs public trust in the electronic financial transaction, the Defendant’s liability for the crime cannot be deemed to be light.

However, the circumstances to be considered can also be acknowledged, such as the fact that the Defendant was fully aware of the instant crime, the intent of directly participating in the instant crime, the expectation of financial interest, and the fact that the instant crime led to the instant crime, and the fact that there was no record of punishment for the same type of crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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