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(영문) 창원지방법원 2018.09.20 2018노949
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and two years of suspended execution) is too unreasonable.

2. The act of lending access media is an act that facilitates various crimes, such as Bosing, and its social harm is not easy.

In particular, the Defendant transferred a light card on May 2015 and received an investigation by the police (Provided, That there is a criminal intent;

On January 11, 2018, the military court received a summary order of KRW 1 million due to a violation of the Electronic Financial Transactions Act by transferring the check card even around March 2017 and received a summary order of KRW 1,00,000 from the military court on January 11, 2018, the crime of this case was committed with well-known knowledge that its transferred access media can be used for crime.

On the other hand, there is no criminal record that the defendant has been punished more severe than fine.

The defendant is the most dependent on his spouse and young children, and the probation of the execution of imprisonment is sentenced due to this case, which is likely to lose the place of work. This may result in deprivation of the defendant's opportunity to repeat as a sound member of society because the defendant and his/her family may cause economic difficulties that could not recover, and thus, is also favorable to the defendant.

In full view of the aforementioned circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable and unfair. Thus, the Defendant’s above assertion is reasonable.

3. As 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 appeal by the defendant is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act

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