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(영문) 대전지방법원 2018.06.27 2017노3089
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination is a favorable condition for the defendant, such as the defendant's timing to commit a crime and reflects, the defendant has no record of punishment exceeding a fine, and the defendant's physical disability is a Grade VI.

On the other hand, lending of access media is an act that facilitates various crimes, such as tax evasion, Internet gambling, Bosing, etc., and the social harm caused by such a serious crime, and the liability for such crime is less severe.

It can not be said that the defendant is a liquor company, and the defendant will pay KRW 2,00,000 per month when sending the check card.

For tax issues, cards are needed.

“Along with the above text message, the Defendant lent a e-mail card connected to the bank account. The mere fact that the lending account could have easily anticipated that the lending account would be used at least for an illegal tax evasion act. The Defendant had transferred the access medium prior to being suspended from indictment, but again committed the instant crime, and the Defendant’s lending account was used for the singishing fraud crime is disadvantageous to the Defendant.

Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence sentenced by the court below is deemed unfair because it is unfunched.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the prosecutor's appeal is reversed on the ground of its reasoning, the court below's appeal shall not be dismissed separately). 【The criminal facts and the summary of the evidence admitted by the court.”

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