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(영문) 대구지방법원 2018.06.22 2017노5404

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the Defendant’s access media provided by the judgment was used for “singing” crimes, and that the transfer and lending of access media for electronic financial transactions is not only detrimental to the reliability of the safety and performance of electronic financial transactions, but also is also used for highly harmful crimes.

However, it is also recognized that the defendant recognizes his or her mistake and reflects all of his or her mistake, and that the defendant has no criminal record exceeding the same criminal record and fine.

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 cannot be deemed unfair as it is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.