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(영문) 대구지방법원 2018.09.14 2018노1853

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 act of lending an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as a single-scaming, and there is a need to strictly punish and eradicate it, and the fact that the access medium leased by the Defendant was actually used for the commission of the scaming crime is disadvantageous to the Defendant.

The defendant recognized the crime of this case and reflects it, and the fact that the defendant has no record of punishment for the same crime is favorable to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.