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(영문) 대전지방법원 2019.10.11 2018노3245
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. In light of the circumstances, such as the fact that the means of access to which the Defendant transferred was used for the criminal conduct of licensing, and the instant crime is a crime detrimental to the public confidence in the electronic financial transaction order, the Defendant’s liability for the crime is not somewhat weak.

However, considering the fact that the Defendant appears to have committed the instant crime by deceiving the Defendant to loan, and there is no evidence to acknowledge that the Defendant was directly involved in the instant crime, and that there was no evidence to acknowledge that the Defendant was involved in the instant crime, and that the Defendant voluntarily taken measures so that the Defendant could recover from damage by suspending payment of the account upon deposit in the Cze Card Connection Account that the Defendant transferred, and that there was no special change in circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, taking into account the following factors: (a) the Defendant’s age, character and behavior, environment, motive for

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

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