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(영문) 대구지방법원 2016.07.13 2015노4811
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The crime of transferring an access medium, such as the instant case, is likely to cause secondary damage by abusing the electronic financial transaction’s stability and reliability, and the Defendant’s account was actually used for loan fraud. However, there are unfavorable circumstances, such as: (a) the Defendant recognized the instant facts charged; (b) the Defendant is the primary offender without any previous conviction; (c) the Defendant appears to have no profit acquired by the instant criminal act; and (d) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s character, conduct, and environment, are too unaffortable and unfair, given that the lower court’s punishment is too unaffortable, and thus, the 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, and it is so decided as per Disposition.

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