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(영문) 대구지방법원 2019.07.19 2019노1139
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The act of transferring the means of electronic financial transactions, such as the instant crime, is not only detrimental to the security and reliability of financial transactions, but also is also a means of various other criminal acts, in particular, the social harm is very high, and thus, there is a need for strict punishment. The fact that the account linked to the card lent by the Defendant was actually used for the singinginging crime and the damage was inflicted on the Defendant is disadvantageous to the Defendant.

However, considering all of the sentencing conditions indicated in the records and arguments of this case, such as the Defendant’s confession of the instant crime, favorable circumstances, such as the Defendant’s primary offender who has no record of criminal punishment, and other factors, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the punishment imposed by the lower court cannot be deemed unreasonable to the extent that it goes beyond the reasonable scope as it is too uneasible.

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

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