beta
수원지방법원 2018.09.13 2018노4474

전자금융거래법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The instant crime committed on the basis of the following facts: (a) facilitates the Defendant’s commission of the phishing fraud; (b) it is necessary to strictly punish the Defendant in light of the fact that the Defendant actually committed the phishing fraud using the access media leased by the Defendant.

However, in full view of all the sentencing conditions indicated in the instant pleadings, including the Defendant’s age, sex, environment, background of the instant crime, and circumstances after the instant crime, the sentence imposed by the lower court is somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;