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(영문) 대구지방법원 2020.04.09 2019노2130
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The crime of this case not only disturbs the stability and reliability of electronic financial transactions, but also is a criminal that forms the basis of other serious crimes, and the fact that the means of access transferred by the defendant was actually used for the actual crime of fraud is disadvantageous to the victim.

However, the fact that the defendant recognized his mistake and reflects, the content of the defendant's participation is merely a simple delivery of the business registration certificate, power of attorney, etc. to establish an account under the name of the corporation, and the degree of participation is not severe, and the profits acquired from the crime of this case are not significant, and it is a primary offender who has no criminal power prior to this case.

In addition, in full view of various circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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