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(영문) 대구지방법원 2016.11.30 2016노55
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 instant crime is a crime that provides an important means of crime to the so-called “Singing” fraud that is closely planned and organized against many and unspecified persons. Considering that social harm caused by the “Sing” crime is very serious, it is necessary to strictly punish the act of transferring the means of access. It is recognized that the means of access in this case is actually used for the “Singing” crime.

However, considering the following facts: (a) the Defendant led to the confession of the crime, and there is no record of punishment for the same crime, and there is no record of punishment heavier than the fine; (b) the number of the means of access transferred; and (c) the number of the means of access transferred; (d) the Defendant’s age, character and conduct, environment; (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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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