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(영문) 대구지방법원 2020.04.09 2019노1706
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the lower court is too uneased and unreasonable.

2. It is recognized that the means of access that the Defendant transferred was abused for the crimes of Bosing. Meanwhile, the Defendant recognized the facts charged in the instant case and against his mistake, the Defendant did not gain economic benefits due to the instant crime, and the Defendant was a primary offender with no criminal power, and the Defendant’s age, character and conduct, environment, family relationship, circumstances after the instant crime, and all the sentencing conditions specified in the instant records and arguments are considered, and thus, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

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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