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(영문) 대구지방법원 2017.11.17 2017노2036
전자금융거래법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments (a fine of three million won) declared by the lower court to the Defendants is too uneased and unreasonable.

2. In light of the fact that the act of lending the access media, such as the instant crime, can be used for the crime of Bosing, etc., and in fact, the access media leased by the Defendant A appears to have been used for the crime of Bosing, the fact that the nature of the crime is not negligible is unfavorable.

However, the Defendants’ confession to commit the instant crime and reflect in depth the mistake, and the Defendants appears not to have directly participated in, or have been aware of, the details of the instant crime. It appears that the Defendants did not have any profit gained by the Defendants due to the instant crime, and that the Defendants did not have any record of the same kind of crime, etc. are favorable circumstances.

In addition to the above circumstances, taking into account the Defendants’ age, sex, environment, motive and background leading to the instant crime, its means and consequence, and all of the sentencing conditions indicated in the instant case records and arguments, such as the circumstances after the commission of the crime, the sentence imposed by the lower court does not seem to be unfair and unfair.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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