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(영문) 대구지방법원 2020.07.24 2018노4157
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In the event of lending and transferring a means of electronic financial transactions, it is necessary to strictly punish the means of access, as well as undermining the safety and reliability of electronic financial transactions, and the fact that the means of access transferred by the defendant was used for the actual crime of fraud, etc. is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects; (b) certain damages were recovered; (c) favorable circumstances that the Defendant had no record of being punished in excess of the same kind and fine; and (d) there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment; and (b) other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (c) the circumstances after the crime was committed, it cannot be deemed that the lower court’s sentence is too un

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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