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(영문) 인천지방법원 2017.08.25 2016노5032
전자금융거래법위반등
Text

Each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the reasons for appeal (No. 1: Imprisonment with prison labor for 10 months, and fine of 3 million won, and imprisonment with prison labor for 3 years and 1 year and 2 months) by the court below is too unreasonable.

2. Ex officio determination

A. The defendant filed an appeal against the judgment of the court below, and this court decided to hold a joint hearing of the above appeal cases.

B. Where several access media are transferred at one time to commit a violation of the Act on Electronic Financial Transactions, each crime is in a mutually competitive relationship (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). According to the records, the Defendant: (a) obtained 300,00 won from a “AH” person; and (b) obtained 300,000 won from the next day of opening the account or the next day of opening the account; and (c) obtained 2 through 10 cash cards and other access media, including other accounts; and (d) obtained 3 or 10 cash cards from the date of opening the account; and (e) obtained 3 or more punishment for the crime of violation of the Act on Electronic Financial Transactions in the name of the Defendant as of June 25, 2015; and (e) obtained 3 or more concurrent punishment for the crime of violation of the Act on Electronic Financial Transactions (see Supreme Court Decision 2007Do437, Mar. 27, 2014).

(c)

In addition, each of the crimes of the first and third judgment that sentenced the Defendant to imprisonment is concurrent crimes under the former part of Article 37 of the Criminal Act. However, the crime of violation of the former part of Article 4058 of the first judgment is prior to the crime of violation of the former part of Article 2016 of the former part of the Criminal Act.

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