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(영문) 부산지방법원 2020.12.10 2020노3165
사기방조등
Text

All the judgment below is reversed.

Defendant

A Imprisonment with prison labor for six months, for eight months, for Defendant B, and for Defendant C.

Reasons

1. The sentencing of the lower court (six months of imprisonment with prison labor for Defendant A, eight months of imprisonment with prison labor for Defendant B, and five months of imprisonment for Defendant C) is too unreasonable.

2. The establishment and punishment of ex officio judgment crimes shall be governed by the Act at the time of acts (Article 1(1) of the Criminal Act): Provided, That when punishment becomes more minor than the previous Act due to changes in Acts after crimes, the new Act shall govern.

(2) The statutory penalty under Article 49(4) of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020; hereinafter “former Act”) was “a imprisonment with prison labor for not more than three years or a fine not exceeding 20 million won.” However, the statutory penalty under Article 49(4) of the current Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020; hereinafter “new Act”) was amended to be “a imprisonment with prison labor for not more than five years or a fine not exceeding 30 million won.”

The lower court erred by applying the new law despite the application of the statutory penalty to the Defendants’ respective criminal facts in violation of the Electronic Financial Transactions Act pursuant to Article 1(1) of the Criminal Act.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49(4)2 and Article 6(3)3 of the former Electronic Financial Transactions Act; Article 30 of the Criminal Act; Articles 347(1) and 32(1) of the Criminal Act; Articles 32(1) of the same Act; Articles 49(4)2 and 6(3)3 of the former Electronic Financial Transactions Act; Articles 347(1) and 32(1

1. Aid and mitigation Defendants: each of them.

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