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(영문) 대구지방법원 2019.01.30 2018노3754
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The act of transfer of the means of access, such as the instant crime, is an act that facilitates various criminal acts, such as a single scaming, and there is a need to strictly punish and eradicate the means of access, and the fact that the means of access transferred by the Defendant was used for the actual scaming crime is disadvantageous to the Defendant.

On the other hand, the defendant is the first offender, and the fact that he acknowledges the crime of this case and reflects his mistake is favorable to the defendant.

In addition, there is no special circumstance or change in circumstances that may be newly considered after the pronouncement of the judgment below, and considering the following: the number of means of access transferred by the defendant, age, character and conduct, environment, motive and circumstance of the crime, and all of the sentencing conditions stated in the records and arguments in this case, such as the records and arguments after the crime is committed, it does not seem that the sentence imposed by the court below

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

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