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(영문) 대구지방법원 2017.11.09 2017노2626
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfased in the sentence (1,500,000 won in penalty) declared by the lower court.

2. The lower court sentenced the above punishment by taking account of the favorable circumstances, such as the fact that the Defendant’s money acquired through deception was deposited in the Defendant’s deposit account and the Defendant did not withdraw the money by deception upon request for suspension of payment, the fact that there was no criminal record except three times of fines due to the violation of the Act on the Establishment of Local Reserve Forces, and the fact that the account of the transferred access medium was only one and only one.

In full view of all the sentencing conditions, other than the circumstances considered by the court below, including the defendant's age, sexual conduct, environment, health, circumstances leading to a crime, means and result of the crime, size of the crime, and circumstances after the crime, which can be known through records and pleadings, the sentence of the court below appears to be appropriate, and the sentencing judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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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