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(영문) 대전지방법원 2013.09.12 2013노830 (1)

공전자기록등불실기재등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. The Defendant’s participation in the crime is an establishment of a so-called floating corporation, and the nature of the crime is considerably significant in that it causes the transfer of the means of electronic financial transactions, such as false corporate accounts, or the so-called “singing,” etc., and the Defendant has a criminal record of having been sentenced to imprisonment without prison labor or more. However, it is recognized that the Defendant led to the instant crime, while considering the following factors: (a) the Defendant’s confession and reflects the instant crime; (b) the degree of participation in the crime is relatively minor; (c) the Defendant has no record of being punished for the same kind of crime; and (d) the Defendant’s age, character and conduct, environment, and circumstances after the crime

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. It is so decided as per Disposition.