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(영문) 대구지방법원 2018.05.25 2017노5079
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 transferring an access medium, such as the instant case, is highly likely to be abused for a crime such as singing, etc. in that the transferred access medium can be abused, and its nature is not good.

The access media transferred by the defendant was actually used for the phishing crime.

However, it is recognized that the defendant is against the recognition of the crime of this case, the defendant has no profit acquired by the crime of this case, and the defendant has no record of criminal punishment exceeding the same criminal history and fine.

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.

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