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(영문) 대구지방법원 2018.08.23 2018노2228
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 lower court rendered the above sentence by taking account of the favorable circumstances, such as the fact that the act of transferring an access medium can be abused as a means of other crimes, and thus, should be strictly punished, considering the fact that the Defendant is aware of and against his/her mistake, and the Defendant is the primary offender who has no record of crime.

Even when taking into account the unfavorable circumstances that the Defendant’s nature of the crime is not negligible, considering the following factors: (a) the transfer act of this case was only once more severe; (b) the Defendant’s favorable circumstances, such as the Defendant’s primary offender, and all other sentencing conditions, including the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence; and (c) the scale of the crime and the circumstances after the commission of the crime, it cannot be deemed that the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion or is unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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