전자금융거래법위반등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (e.g., punishment of the lower court: fine of KRW 2,00,000; fine of KRW 3,000,00) is too unreasonable.
2. Ex officio determination
A. According to the records in the instant case of concurrent crimes under the latter part of Article 37 of the Criminal Act, it is recognized that the Defendant was sentenced to a suspended sentence of five months on November 21, 2018 to imprisonment with prison labor for an offense of violating the Electronic Financial Transactions Act in Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on November 29, 2018, and on October 17, 2019, the Gwangju District Court sentenced the Defendant to imprisonment with prison labor for one year and six months for an offense of false entry into public electromagnetic records, etc., and the said judgment became final and conclusive on February 6, 2020
The crime of violation of the Electronic Financial Transactions Act and the crime of false entry into public records, etc., in which judgment of the court below has become final and conclusive, are in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, taking into account the equity with which judgment was rendered at the same time in accordance with the former part of Article 39(1)
B. The judgment of the court of first instance and the judgment of the court of second instance rendered on the jointly tried defendant, and the defendant filed an appeal respectively, and the court decided to hold the above two appeals together for a new trial.
Each of the lower judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the lower judgment cannot be maintained as it is.
3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the above ex officio reversal, and further decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows, and the facts charged and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
§ 1.