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(영문) 대구지방법원 2018.07.27 2018노550
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the crime of transferring an access medium, such as the instant case, can be abused for the crime of Bosing, etc. in that the transferred access medium can be abused for the crime of using Bosing, etc., and that the crime is not good, and that the Defendant’s leased access medium was actually used for the crime of licensing.

However, it is also recognized that the defendant recognized his mistake and reflects, that the defendant has no benefit from the crime of this case, and that the defendant has no criminal record exceeding the same kind and fine.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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

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