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(영문) 대구지방법원 2019.07.12 2019노363
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. (hereinafter “means of access”) which is the means of electronic financial transactions to determine is not only impairing the stability and trust of electronic financial transactions, but also providing any means that facilitates crimes, and thus, social harm resulting therefrom is not severe and the liability for such crimes is not somewhat weak.

In this case, the means of access leased by the Defendant was actually used for the singishing crime, and the victims occurred, and the Defendant also acquired the benefits equivalent to KRW 450,00 in return for the transfer of means of access.

However, in full view of the following circumstances: (a) the Defendant’s mistake against himself/herself and did not repeat the crime; (b) the number of means of access transferred by the Defendant is only one person; and (c) the Defendant is the primary offender; and (d) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., it is difficult to deem that the lower court’s punishment is too unreasonable to the extent that it is deemed that the Defendant exceeded the reasonable scope

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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