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(영문) 대구지방법원 2018.05.25 2017노5237

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. The crime of lending an access medium, such as the instant case, is highly likely to be abused for a crime such as singing, etc. in that the leased access medium can be abused, and the nature of the crime is not good.

The Defendant’s access media was actually used for the phishing crime.

However, it is recognized that the defendant's recognition of the crime of this case is against the defendant, that the defendant has no profit acquired by the crime of this case, that the defendant has no record of punishment for the same crime, and that the 3.5 million won out of the amount of damage to the phishing victim has been returned.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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.