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(영문) 대구지방법원 2019.09.27 2019노187
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. As in the instant case, it is recognized that the crime of lending means of access is highly harmful in that the means of access used as a means of crime, such as scaming, etc. and that such act leads to a large number of unspecified victims.

However, it is also recognized that the defendant recognized the crime of this case as well as the prevention of recidivism, and the lending of the means of access in this case is only once more, and the defendant has no criminal record exceeding the same criminal record and fine.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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