logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.12.11 2020노1374
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The lower court determined that the crime of lending the means of access, such as this case, is likely to prejudice the security and reliability of electronic financial transactions, as well as significantly adverse effects on society, such as that the means of access that has been leased can be abused to various illegal acts such as financial fraud, etc., the means of access actually leased by the Defendant is used for financial fraud crime, under the circumstances unfavorable to the fact that the Defendant would not repeat again, the Defendant would be recognized as committing the crime of this case, and there are reasons to consider the motive for committing the crime as complying with the demand provided by the Defendant for the loan, etc., and the Defendant was sentenced to punishment against the Defendant by taking into account the circumstances favorable to the fact that there is no other criminal records other than fine of KRW 700,000 due to drunk driving around 200, and there is no special change of circumstances to change the sentence after the sentence was sentenced.

In addition, even if examining the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., as shown in the arguments in this case, it is not recognized that the court below's punishment is too unfasible and exceeded the reasonable scope of discretion.

3. According to the conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. However, ex officio pursuant to Article 25 of the Regulation on Criminal Procedure, the judgment below’s dismissal of “Electronic Financial Transactions Act” as “former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020 and enforced August 20, 2020)” is corrected.

arrow