전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the Defendant was sentenced to a suspended sentence of two years on September 14, 2017 by a special intimidation at the Jeonju District Court’s Eup branch on September 14, 2017, and the said judgment on April 27, 2018 became final and conclusive.
In addition, “the latter part of Article 37 of the Criminal Act: Provided, That the latter part of Article 39(1) of the Criminal Act was added to “the subject of the judgment by this Court after permission,” and the subject of the judgment was changed. As such, the judgment of the court below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
【Grounds for the judgment in its entirety, the facts constituting a crime and the summary of evidence recognized by the court below are all criminal facts of the judgment below, and the defendant was sentenced to a suspended sentence of eight months of imprisonment with prison labor for special intimidation in the Jeonju District Court’s Eup branch on September 14, 2017 and the judgment on April 27, 2018 became final and conclusive.
In addition, “1. Before the judgment of the court below,” the summary of the evidence of the court below added “1. Before the judgment of the court below: 2018Do1918, 2017, 1420, 2017, 2017, 1116, 3 copies of the judgment of the court below as stated in each corresponding column of the judgment of the court below, and 369 of the Criminal Procedure Act are cited as it is.
Application of Statutes
1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The order of provisional payment;