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(영문) 대구지방법원 2019.07.18 2019노1686

전자금융거래법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the sentencing of the court below (two months of imprisonment) is too uncomfortable, and the prosecutor is too uncomfortable and unfair.

2. The judgment defendant recognizes a mistake and reflects it, and has no record of criminal punishment for the same kind of crime.

The Defendant lent the means of access in return for compensation, but did not actually receive the compensation.

Since the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the quasi-Robbery crime for which judgment has become final and conclusive, the equity between the judgment and the judgment

However, the Defendant committed a repeated crime during the period of repeated crime, and the means of access leased by the Defendant was actually used for the criminal act of Bophishing.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, the sentencing of the lower court is unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the Criminal Records of the judgment of the court below added "the defendant was sentenced to two years of imprisonment with prison labor on March 27, 2019 and the judgment became final and conclusive on May 3, 2019 due to quasi-Robbery by the Daegu High Court on March 27, 2019."