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(영문) 대구지방법원 2016.12.23 2016노1760

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 act of transferring the means of electronic financial transaction, such as the instant crime, is not only undermining the security and reliability of financial transaction, but also there is a need to strictly punish because it can be the means of various other criminal acts, especially singinging fraud crimes that become social issues, and thus its social harm is very high, and the head of the passbook transferred by the Defendant actually used for singinging crimes, causing damage. However, there is no reason for the prosecutor’s assertion on the ground that the Defendant’s assertion is unreasonable, on the other hand, is contrary to the mistake while the Defendant led to the confession of the instant crime, the number of means of access transferred by the Defendant is not large, the Defendant’s age, character and conduct, environment, the motive and background leading to the instant crime, the means and consequence thereof, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc.

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.