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(영문) 대구지방법원 2018.10.18 2018노2923
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (3 million won in penalty) declared by the court below.

2. The lower court rendered the above sentence in consideration of the following favorable circumstances: (a) the Defendant lent a accessible medium and the Defendant’s approach medium was used for licensing crimes; (b) the Defendant’s liability is not less than against the Defendant’s criminal act; (c) the Defendant recognized the criminal act; (d) the Defendant did not have any history of punishment so far; and (d) the Defendant’s damage to the account would have to remain in the amount of KRW 4.2 million out of the remitted amount of KRW 5 million; and (e) the victim’s damage would have been recovered.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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 appeal is without merit. It is so decided as per Disposition.

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