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(영문) 대구지방법원 2018.06.08 2017노5564

전자금융거래법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. It is recognized that the access media provided by the Defendant was used for the “singing” crime, and that the transfer and lending of access media for electronic financial transactions would impair the safety performance of the electronic financial transaction, and that the Defendant’s criminal liability is not somewhat weak in that it is used for a crime with a great social harm.

However, it is also recognized that there is no criminal history exceeding the same kind of power and fine for the defendant's mistake.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is too heavy or unreasonable.

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