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(영문) 대구지방법원 2019.06.12 2019노1248
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal (4 months of imprisonment), the defendant asserts that the defendant is too uncomparably and unreasonable, and the prosecutor asserts that it is too uncompared and unreasonable.

2. The lower court determined that: (a) the instant crime was committed in consideration of favorable circumstances, such as ① the Defendant’s receipt of consideration and the transfer of the means of access for electronic financial transactions; (b) the transfer of the means of access for electronic financial transactions can be abused for other crimes, such as singing, etc.; (c) the means of access actually transferred by the Defendant arose from the use of the crime of singinging, etc.; (d) the Defendant had criminal records on several occasions; and (e) the Defendant committed the instant crime even during the period of repeated offense due to the instant crime; and (b) the Defendant led to the confession and resistance of the Defendant.

In full view of various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment seems to have been determined appropriately taking full account of the aforementioned circumstances, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable to the extent that it is deemed that the lower court’s punishment exceeded the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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