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(영문) 대구지방법원 2016.10.12 2016노958
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. On the other hand, the crime of transferring the means of access, such as this case, is likely to be abused for other serious crimes, such as ensuring the stability and reliability of electronic financial transactions, and scam, and thus causing secondary damage to the second. Although there are unfavorable circumstances, such as the fact that the account of the defendant was used for loan fraud and actually causing fraudulent damage, the defendant recognized the facts charged in this case, the defendant is the first offender without any previous conviction, the defendant seems to have no profit acquired from the crime in this case, and the defendant seems to have no profit acquired from the crime in this case, and considering the criminal punishment for other crimes similar to this case, as well as all other conditions of sentencing as indicated in the records and arguments in this case, it is not recognized that the sentence of the court below is too unreasonable, and the prosecutor's assertion 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.

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