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(영문) 수원지방법원 2015.05.14 2014노6027
전자금융거래법위반등
Text

We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal by the Defendant is unreasonable in light of the following: (a) the Defendant’s excessive debt incurred while engaging in sexual traffic at a entertainment establishment, resulting in each of the instant crimes; (b) the Defendant is making efforts to return a new life by retiring sexual traffic; and (c) economic difficulties arise; and (d) the Defendant is serving a fine of KRW 5 million (the first judgment) and a fine of KRW 5 million (the second judgment).

2. Before determining the grounds of appeal for ex officio determination, each of the judgments of the court below is merged with each of the judgments of the court below, and each of the offenses in the judgment of the court below becomes concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to one punishment. In this regard, the judgment of the court below cannot be maintained any more.

3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. The relevant provision of the means of access to facts constituting an offense and the transfer of the means of access to each judgment on the choice of punishment: Each of the means of access under Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act, and fraud by each judgment on the choice of fines: Article 237 (1) of the Criminal

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act against the defendant is against the mistake of the defendant, and there is no record of criminal punishment except once a fine is imposed, and the motive and background of each of the crimes of this case, the circumstances before and after the crime is committed.

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