beta
(영문) 대구지방법원 2019.02.13 2018노3985

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The fact that the judged defendant has no record of criminal punishment, and that the defendant recognized the crime of this case is favorable to the defendant.

The act of lending the means of access, such as the crime of this case, is an act that facilitates various criminal acts, such as single scaming, and requires strict punishment and eradicating. The fact that the means of access leased by the defendant was used for the crime is disadvantageous to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the sentence of the lower judgment, and considering the following factors, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence that the lower court sentenced is too uneasible 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.