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(영문) 대구지방법원 2020.07.23 2019노3077

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the lower court is too uneased and unreasonable.

2. The judgment is recognized that the means of access that the Defendant transferred was abused for the crime of fraud, but on the other hand, the Defendant recognized the facts charged in the instant case and against his mistake, and the Defendant appears to have no criminal records and could not obtain economic benefits due to the instant crime. In addition, considering all the sentencing conditions in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable. Thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal 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.