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(영문) 대구지방법원 2019.09.19 2019노27
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (three million won of a fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

In addition to the punishment of a fine once due to the violation of the Road Traffic Act, there is no record of any other crime except for the punishment of a fine.

These points are favorable to the defendant.

On the other hand, the crime of this case where the defendant transferred the means of access is an act that facilitates various criminal acts, such as the so-called "wishing" crime using the means of access under the name of another person, and its social harm is very poor.

In fact, the account transferred by the defendant was used for the fraud crime.

These points are disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all the conditions of sentencing as shown in the instant records and pleadings, there is no circumstance that the sentence imposed by the lower court is deemed to have exceeded the reasonable bounds of discretion or to have been unfair to maintain the sentencing judgment of the lower court.

Therefore, since the sentence imposed by the court below is too heavy or unreasonable, the defendant and the prosecutor's argument of unreasonable sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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