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(영문) 대구지방법원 2019.04.26 2018노4173
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. It is recognized that the crime of transfer of the means of access, such as this case, is highly harmful in that the transferred means of access is used as a means of crime, such as scaming, and thus massing a large number of unspecified victims.

However, it is also recognized that the Defendant recognized the instant crime, against whom the benefits derived from the instant crime are not significant, that there is no criminal power, that is, the primary crime with no criminal power, that is, 21 years of age, and that the means of access leased only once.

In addition, in full view of the various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too uneasible

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

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