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(영문) 의정부지방법원 2019.07.26 2019노1390
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, confiscation) is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The crime of keeping and delivering a means of access requires strict punishment in that the means of access enables other crimes that are socially harmful to society, such as Bosing, illegal gambling, etc.

The Defendant had been well aware that he was used in the crime, and had kept and delivered a means of access several times.

In fact, the criminal defendant was committed through the means of access delivered by the defendant.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

The Defendant is an initial offender who had not been subject to any criminal punishment prior to the instant crime.

There is sufficient possibility of improvement and edification because the defendant is about 19 years of age.

There is no benefit to the defendant from the crime of this case.

In agreement with the victim who suffered from the crime of this case due to the crime of this case, the above victim was not punished by the defendant.

In light of the sentencing conditions shown in the argument of this case, including the above conditions favorable to the defendant, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)2 of the Electronic Financial Transactions Act and Article 49(4) of the same Act concerning the pertinent provision of criminal facts and the choice of punishment;

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