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(영문) 대구지방법원 2016.12.07 2016노3910
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is a lending of the means of access to electronic financial transactions, and it cannot be deemed that the nature of the crime is less likely that the means of access will be used for crimes such as singing. The Defendant’s e-mail card lent through the instant crime was actually used for singing and causing another damage.

However, the defendant recognized the crime of this case, is in profoundly against the defendant, and has no record of being punished for the same crime.

In addition, in full view of the Defendant’s age, character and conduct, environment, and motive, means, and consequence of the instant crime, various sentencing conditions, such as the circumstances after the instant crime, are deemed unreasonable even if considering the various circumstances asserted by the prosecutor, the sentence imposed by the lower court is too uneasible.

3. The prosecutor's appeal of conclusion 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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