(영문) 대구지방법원 2016.11.02 2016노2858 | 리걸엔진

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(영문) 대구지방법원 2016.11.02 2016노2858

전자금융거래법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records of the instant case’s judgment on the Defendant’s appeal, the Defendant did not submit the statement of grounds for appeal within 20 days from the date on which he/she was served with the notification of the receipt of the trial records on July 28, 2016, and the petition of appeal does not contain any indication of the grounds for appeal and cannot find any grounds for ex officio investigation even if

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (2 million won of a fine) declared by the court below is too unhued and unreasonable.

B. The instant crime is a crime that provides an important means of crime to the so-called “Singing” fraud group, which is closely planned and organized against many and unspecified persons. Considering that the social harm caused by the “Singing” crime is very serious, it is necessary to strictly punish the act of transfer, acquisition, or mediation of the means of access, and the fact that the means of access in this case is actually used for Internet fraud.

However, considering the following facts: (a) the Defendant’s mistake is divided; (b) there is no particular criminal record other than once a juvenile protective disposition; and (c) there is no record of punishment for the same crime; (d) the number of means of access transferred; and (e) the Defendant’s age, character and conduct, environment; and the motive, means and consequence of the instant crime; and (e) all of the sentencing conditions stated in the arguments in the instant case, such as the circumstances after the crime, it is not recognized

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. The defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is decided as above, the defendant's appeal shall also be dismissed by decision

참조조문

-형사소송법 제361조의4 제1항

-형사소송법 제364조 제4항

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