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(영문) 대구지방법원 2016.10.26 2016노3898
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. As to the assertion of unfair sentencing by the defendant and prosecutor, the crime of transfer of the means of access, such as this case, is likely to harm the stability and reliability of electronic financial transactions and cause secondary damage by abusing other serious crimes, such as Bosing, etc., and in fact, the account of the defendant was used in the crime of Bosing fraud. However, there are unfavorable circumstances, such as the fact that the defendant's account is recognized and against the charge of this case, the defendant does not have the same criminal record, the defendant seems to have no profit from the crime of this case, the fact that the defendant should consider equity with the case where he received the judgment at the same time as the crime of latter concurrent crimes of Article 37 of the Criminal Act in the judgment of the court below, there is no special change of circumstances to change the punishment of the court below after the sentence of the court below, and the fact that there is no other special change of circumstances to change the punishment of the court below after the sentence of the court below, the defendant's defendant and prosecutor's assertion that the punishment of the court below is proper, in full view.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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