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(영문) 대구지방법원 2017.09.27 2017노2267
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In full view of the following circumstances: (a) there is a need to strictly punish the crime of transfer of an access medium in order to protect the credibility of the safety performance of electronic financial transactions; (b) the account that the Defendant transferred was actually used for a secondary secondary crime; (c) however, the Defendant confessions and reflects all the instant crimes; (d) the Defendant was unable to obtain particular benefits from the transfer of the access medium; (c) the Defendant was a primary offender; and (d) other conditions of sentencing as indicated in the instant records and arguments, including the Defendant’s character and conduct, environment, motive and circumstance of the crime; and (e) other circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and thus, it cannot

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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