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(영문) 대구지방법원 2020.04.09 2019노2419
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the lower court is too uneased and unreasonable.

2. It is recognized that the means of access that the Defendant transferred was abused for the criminal conduct of singing, on the other hand, that the Defendant recognized the facts charged in the instant case and reflects his mistake, that the Defendant was unable to obtain economic benefits due to the instant crime, that the Defendant did not have any criminal records exceeding the same kind or fine, and that there was no other criminal records beyond the Defendant’s age, character and conduct, environment, family relationship, circumstances after the instant crime, etc., the lower court’s punishment is too unjustifiable, and thus, the prosecutor’s assertion is without merit.

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

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