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(영문) 인천지방법원 2020.05.08 2019노4033

전자금융거래법위반

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

Defendant

A, C-.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) that the lower court sentenced to the Defendants is too unreasonable.

2. Prior to the judgment on the grounds for appeal by Defendant B ex officio, prior to the judgment on the grounds for appeal by Defendant B, the Prosecutor applied for the amendment of the indictment with respect to Defendant B’s applicable provisions of Article 49(4)2 and Article 6(3)1 of the Electronic Financial Transactions Act as “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act” as “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act.” The Prosecutor applied for the amendment of the indictment with respect to the amendment of the indictment with respect to Defendant B’s applicable provisions of Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act as stated below.

3. We examine the judgment of Defendant A and C, and there is no change of circumstances that may be considered in the sentencing after the judgment of the court below, and considering the circumstances in which Defendant A and C asserted as the grounds for appeal, even if considering the circumstances in which Defendant A and C asserted as the grounds for appeal, it does not seem that each sentence of the court below against Defendant A and C is too unreasonable.

4. Accordingly, the part on Defendant B among the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant B’s assertion of unfair sentencing, and the part on Defendant B among the judgment below is reversed, and it is again decided as follows through pleading.

Defendant

Since the appeal A and C is groundless, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

(However) In accordance with Article 25(1) of the Rules on Criminal Procedure, Article 49(4)2 of the Electronic Financial Transactions Act of 15th 5th 15th son of the judgment of the court below shall be corrected to “Article 49(4)1 of the Electronic Financial Transactions Act.” 【The judgment which was used again against Defendant B,” and the summary of the facts and evidence admitted by the court.