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(영문) 대구지방법원 2018.11.23 2018노3274
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 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 following are the circumstances: (a) the act of lending an access medium, such as the instant crime, is an act facilitating various criminal acts, such as a single-scaming, and there is a need to strictly punish and eradicate it; (b) the access medium leased by the Defendant was actually used for the commission of scaming; and (c) the Defendant had the record of suspending indictment on the part of aiding and abetting the attempted fraud similar to the instant case.

On the other hand, the fact that the defendant has no record of criminal punishment, and that he recognizes the crime of this case and reflects his mistake is favorable to the defendant.

In addition, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below, and considering the following: the number of accessible media leased by the defendant, the age, sex, environment, motive and circumstance of the crime, etc. of the defendant, and all of the sentencing conditions stated in the records and the changed theories, such as the circumstances after the crime, etc., the sentence imposed by the court below is too uneasible and unreasonable.

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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