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(영문) 대구지방법원 2018.08.24 2018노1150
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. The act of lending an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as a single scaming, and there is a need to strictly punish and eradicate it. The Defendant lent a number of access media, and the access media actually used for the crime of scaming, causing damage to KRW 29 million, etc.

On the other hand, the fact that the defendant recognized the crime of this case and reflected his mistake, the fact that the defendant directly participated in or aided the crime of Bosing, seems not to have been aware of the details of the crime, and the defendant did not have any criminal record except punishment of a fine of KRW 1 million due to the violation of the Road Traffic Act (driving) in 2012, and that the defendant's failure to repeat the crime is more favorable.

In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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