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(영문) 대전지방법원 2020.09.23 2019노3250
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) the Defendant, who has had the record of being subject to a non-prosecution disposition due to the violation of the Electronic Financial Transactions Act, such as this case’s summary of the grounds for appeal, committed the instant crime; and (b) the Defendant’s cream card was used for the Defendant’s scaming crime; and (c) the Defendant’s cam card was not only used for the Defendant’s scaming crime but also did not peep by denying the fact of the crime at an investigation

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors, considering the fact that the Defendant has no record of punishment except for fines on two occasions in minor matters, and that there is a profound reflection on the mistake in the course of committing the instant crime, etc., the sentencing of the court below is too unfeasible and so it does not seem to have exceeded the reasonable scope of discretion.

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

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