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(영문) 광주지방법원 2020.10.06 2019노3163

전자금융거래법위반등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspended execution for two years, probation, community service for 80 hours) of the lower court is too unreasonable;

2. Determination is an element of sentencing that is disadvantageous to the Defendant, even though the Defendant had dolusent awareness that the means of access leased was used for the singinginging fraud, the Defendant’s use of the means of access for the singinginginginging fraud and that the solicitation for the lending of abnormal methods was related to the singinginging crime, etc., is a factor of sentencing that is disadvantageous to the Defendant.

However, there was no substantial damage due to the failure to transfer or deliver the amount of damage from each of the crimes of this case to the Bosing Organization, and there was no criminal record other than the fine imposed by the Defendant for drinking driving in 2010, and the fact that the Defendant, while economically poor, has become aware of several loans, resulting in each of the crimes of this case, is an element for sentencing favorable to the Defendant.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed 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 following is ruled again after pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Articles of the facts constituting the crime and the selection of punishment;