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(영문) 대구지방법원 2019.04.26 2018노4207
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (3 million won of a fine) imposed on the Defendant by the lower court is too unreasonable.

(Definite argument was withdrawn).

The above-mentioned sentence sentenced by the court below by the public prosecutor is too uneasible and unfair.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

The crime of transfer of the means of access, such as this case, is recognized as having great social harm in that the means of access transferred is used as a means of crime, such as Bophishing, and thus, massing of unspecified victims.

However, it is also recognized that the defendant recognized the crime of this case, the crime of this case is against the defendant, the prevention of recidivism is being committed, there is no criminal power, and the economic situation is difficult, and the means of access leased is limited to one time.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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