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(영문) 대구지방법원 2017.04.19 2016노4410
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The instant crime was committed by the Defendant for the purpose of obtaining economic compensation, and there is a need to strictly punish the instant crime in order to protect the credibility of the safety performance of electronic financial transactions, and the Defendant’s account was used in committing the instant crime beyond the phishing organization, which is disadvantageous to the Defendant.

However, in full view of the following facts: there is no history of punishment for the defendant for the same crime; there is no history of punishment for the defendant; it does not exceed the fine; as a result, the defendant seems to have been unable to gain profits from the transfer of access media; and other conditions of all the sentencing as shown in the records and arguments of this case, such as the character, conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is too unab

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

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