logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.06.18 2019노2831
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. It is recognized that the crime of transfer of a means of access, such as this case, is likely to undermine the stability and reliability of electronic financial transactions and to be abused for other serious crimes. It is highly necessary to punish the means of access that the Defendant transferred, actually used to commit fraud, thereby causing damage.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake and reflects, and the Defendant seems to have no personal benefit from the instant crime; (b) there is no record of criminal punishment prior to the instant case; and (c) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime; and (d) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower court’s judgment, it

Therefore, prosecutor's ground of appeal is without merit.

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

arrow