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(영문) 대구지방법원 2018.04.27 2017노5549
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The transfer of an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as one’s name, “singing,” and “singing,” and there is a need to strictly punish and eradicate it. The fact that the Defendant’s transfer of the access medium was actually used in committing the “singing,” and that the damage was incurred.

On the other hand, it is favorable for the Defendant to recognize the instant crime and reflects his mistake, and the Defendant appears not to have directly participated in, or have been aware of, the details of the instant crime, and that there is no criminal history against, the Defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and 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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