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(영문) 대구지방법원 2019.05.31 2018노4917
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The act of transferring a passbook, cash card, etc., the means of access to electronic financial transactions, which is a means of electronic financial transactions, is not only impairing the stability and trust of electronic financial transactions, but also providing a means that facilitates various crimes, and the social harm resulting therefrom is not so minor as to be serious.

In this case, the means of access leased by the defendant was actually used for the singishing crime, and the victim occurred.

However, in full view of the following circumstances: (a) the Defendant committed the instant crime while economically difficult to obtain a loan; (b) there are circumstances that may be considered in the course of committing the instant crime; (c) the Defendant committed the Defendant against his mistake and did not repeat the crime; (d) there are no criminal records of the same kind; and (e) other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, means and consequence of the crime; and (e) the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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