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(영문) 대구지방법원 2017.09.27 2017노3510
전자금융거래법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (two million won in penalty) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine both the judgment prosecutor and the defendant's argument of unfair sentencing.

The crime of this case is that the defendant transferred access media for the purpose of obtaining economic compensation, and it is necessary to strictly punish the defendant in order to protect the reliability of the safety performance of electronic financial transactions.

The account transferred by the defendant was actually used for the second crime.

However, in full view of the following facts: (a) the Defendant led to the confession and reflect of all of the instant crimes; (b) the Defendant appears to have failed to gain any particular benefit from the transfer of the access media; (c) the Defendant has no record of any other crime other than the punishment imposed once for the instant crime prior to the instant case; (d) the equity between the judgment of the lower court and the case of fraud at the same time as the judgment of the lower court became final and conclusive; and (e) the Defendant’s age, sex behavior, environment, circumstances leading to the instant crime; and (e) all the sentencing conditions as shown in the instant records and arguments, such as the circumstances after the instant crime, do not seem to be too weak

Therefore, both prosecutor and defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit. Thus, all of the appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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