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(영문) 대구지방법원 2018.12.19 2018노3000
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The Defendant’s act of lending an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as a single-scaming, and there is a need to strictly punish and eradicate it, and the fact that the access medium leased by the Defendant was actually used for the criminal act of licensing, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake, and that the defendant has no record of being punished for the same kind of crime or of being punished exceeding the fine, etc. are favorable to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and 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. It is so decided as per Disposition.

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