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(영문) 대구지방법원 2018.03.30 2017노4765
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 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. As to the instant crime, the transfer of the access medium, such as the instant crime, can be used for crimes, such as Bosing, and the fact that the Defendant actually transferred the access medium was used for the criminal of Bosing, and that the damage was caused by the use of the access medium, and that the nature of the crime is not less complicated.

However, there are more favorable circumstances, such as the fact that the Defendant recognized the instant crime from the beginning of the investigation, the Defendant did not have any criminal record, the Defendant appears not to have directly participated in or aided the details of the instant crime, and the Defendant did not have any profit from the instant crime.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions indicated in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it does not seem unfair.

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.

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