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(영문) 대구지방법원 2018.07.27 2018노1728
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. The transfer of an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as a single-scaming, and there is a need to strictly punish and eradicate it. The Defendant transferred the access medium to China by directly leaving the country. The Defendant’s responsibility is not somewhat weak, and the Defendant’s transfer of the access medium was actually used for the commission of phishing, and damage is disadvantageous to the Defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects his mistake, that the defendant directly participated in or aided the crime of Bosing, that the defendant seems not to have been aware of the details of the crime, that there is no record of criminal punishment for the same crime, that the defendant's family members and branch members want to take the preference against the defendant, and that the defendant does not repeat the crime.

In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.

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

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