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(영문) 대구지방법원 2017.11.01 2017노2556
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 2 million imposed by the court below is too unhued and unreasonable.

2. The judgment is recognized that the Defendant’s access media leased by the Defendant was abused for the crime of fraud, but on the other hand, it appears that the Defendant recognized the instant facts charged and reflects his mistake, the Defendant appears to have failed to obtain economic benefits due to the instant crime, and the Defendant did not have any other criminal records except once a fine is imposed due to the violation of the Road Traffic Act, and the Defendant’s overall sentencing conditions on the records of the instant case, such as the Defendant’s age, sexual behavior, environment, family relationship, and circumstances after the commission of the crime, are not recognized as unfair because the lower court’s punishment is too uneasible. Therefore, the Prosecutor’s

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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