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(영문) 대구지방법원 2016.10.21 2016노1885
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. The instant crime is a crime that provides an important means of crime to the so-called “Singing” fraud group, which is closely planned and organized against many and unspecified persons. Considering that the social harm caused by the “Singing” crime is very serious, it is necessary to strictly punish the act of transfer, acquisition, or mediation of the means of access, and the fact that the means of access in this case is actually used for the “Singing.”

However, taking into account the following circumstances: (a) the Defendant’s primary offense divided his mistake into depth; (b) appears to have not actually received the cost of the transfer of the means of access; (c) the number of the means of access transferred; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, are deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

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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