logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.05 2016노1107
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 1.5 million won) declared by the lower court is too unhued and unreasonable.

2. The instant crime is a crime that provides an important means of crime to the so-called “Singing” fraud group, which is closely planned and organized against many and unspecified persons. Considering that the social harm caused by the “Singing” crime is very serious, it is necessary to strictly punish the act of transfer, acquisition, or mediation of the means of access, and the fact that the means of access in this case is actually used for Internet fraud.

However, considering the following factors: (a) the Defendant is the primary offender; (b) his mistake is deeply divided; (c) the number of means of access transferred; and (d) the Defendant’s age, character and conduct, environment; and the motive, means and consequence of the instant crime; and (d) the circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

(However, since the facts constituting the crime in the judgment of the court below are apparent that the "shot department store" in the 6th sentence is a clerical error in the "shot department store," it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure

arrow