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(영문) 대구지방법원 2016.09.28 2016노585
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of transferring an access medium, such as the instant case, is likely to cause secondary damage by abusing it for other serious crimes, such as impairing the stability and reliability of electronic financial transactions, and singing, etc., and in fact, the Defendant’s account was used for the loan fraud. However, although there are unfavorable circumstances, the Defendant recognized the instant facts charged, the Defendant did not have any criminal record exceeding the suspension of the execution of imprisonment, the Defendant appears to have no benefit acquired from the instant crime, and the Defendant appears to have no benefit obtained from the instant crime. Considering the criminal punishment for other crimes similar to the instant case, equity with the Defendant’s criminal punishment for other crimes, as well as all other conditions of sentencing as indicated in the instant records and arguments, the lower court’s punishment is not deemed unfair, and thus, the Prosecutor’s assertion is without merit.

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

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