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(영문) 대구지방법원 2016.11.04 2016노2663
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (three million won of a fine) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime is an act of providing an important means of crime to the so-called “Singing” fraud that is closely planned and organized against many and unspecified persons. Considering that social harm caused by the “Sing” crime is very serious, it is necessary to punish the act of lending the means of access. It is recognized that the means of access in this case is actually used for the “Singing” crime.

However, considering the following facts: (a) the Defendant’s primary offense divided his mistake; (b) the number of means of access lent to him; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; (b) it is too heavy or too unreasonable.

Therefore, each of the defendant and prosecutor's arguments is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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