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(영문) 대구지방법원 2020.11.19 2019노1327
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. The crime of transfer of a means of access, such as the instant case, is highly likely to undermine the stability and reliability of electronic financial transactions and be abused for other serious crimes. It is recognized that the fact that the means of access transferred by the Defendant was actually used for the commission of fraud, thereby causing damage.

However, in full view of the following facts: (a) the Defendant recognized the Defendant’s mistake; (b) appears to have no benefit from personal acquisition of the instant case; (c) there is no criminal record prior to the instant case; and (d) other circumstances that are conditions for sentencing, such as Defendant’s age, character and conduct, environment, motive, background, means and consequence of a crime; and (d) new circumstances or special changes in circumstances that are likely to be reflected in sentencing after the pronouncement of the lower judgment, the sentence imposed by the lower court is too unjustifiable and unreasonable.

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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