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(영문) 대구지방법원 2020.06.26 2019노2418
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment against the Defendant by taking into account the circumstances as indicated in its holding, namely, the safety and reliability of electronic financial transactions when lending and transferring the means of access to electronic financial transactions, as well as the circumstances that may be abused for the crime. Considering that the means of access transferred by the Defendant was used in the actual crime of fraud and that the victim was incurred, the Defendant recognized the Defendant’s mistake and reflects the fact that the means of access was committed, and that there was no record of punishment in excess of the same kind and fine, etc., the lower court determined a punishment against the Defendant by taking into account the favorable circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable, even if comprehensively considering the various circumstances that form the conditions of sentencing as indicated in the instant pleadings, such as the Defendant’s age, character

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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