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(영문) 대구지방법원 2018.10.11 2018노2541
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfluent in the form of punishment (4 million won in penalty) declared by the court below.

2. The lower court sentenced the above punishment by taking account of favorable circumstances, such as the fact that the act of transferring the access media such as the instant crime can be abused as a means of other crimes, such as tax evasion and hosting, etc., the necessity of strict punishment is required, the fact that the Defendant actually suffered fraudulent damage with respect to the access media that was transferred by the Defendant, the Defendant’s transfer of three access media is highly likely to be subject to criticism by transferring them, and the Defendant recognizes and reflects his mistake, the Defendant has no history of punishment, the Defendant has no history of punishment, and the Defendant has some circumstances to take account of the circumstances leading to the instant crime.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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