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(영문) 대구지방법원 2016.11.11 2015노4922
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 act of transferring the means of access, such as the instant crime, is not only undermining the security and reliability of financial transactions, but also there is a need to strictly punish because it can be the means of various other criminal acts, especially singinginging fraud or goods transaction fraud, which are becoming social issues, and there is a very high social harm, and the head of the passbook transferred by the Defendant is actually used in the goods fraud, and the damage has occurred due to the actual use of the passbook. However, there are unfavorable circumstances, such as the defendant's confession of the instant crime, and the fact that the defendant is against himself/herself, and there is no other force of punishment except for punishment once as a fine, the equity of sentencing with similar cases, the defendant's age, character and conduct, environment, the motive and background leading to the instant crime, the means and consequence thereof, etc., the prosecutor's assertion cannot be deemed unfair because the sentence imposed by the court below is unjustifiable and there is no reason for the prosecutor's assertion.

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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