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(영문) 대구지방법원 2018.03.16 2017노4517
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. As to the instant crime, the transfer of the access medium, such as the instant crime, can be used for crimes, such as Bosing, and the fact that the Defendant actually transferred the access medium was used for the criminal of Bosing, and that the damage was caused by the use of the access medium, and that the nature of the crime is not less complicated.

However, there are favorable circumstances, such as the fact that the defendant recognized the crime of this case from the beginning of the investigation, there is no record that the defendant was punished for the same crime or was punished exceeding the fine, and that the defendant was not directly involved in or aided and abetted the contents of the crime, and that the defendant did not have any profit from the crime of this case.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions indicated in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it does not seem unfair.

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.

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