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(영문) 의정부지방법원 2020.01.16 2019노183
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (a fine of three million won is imposed);

2. We affirm the conclusion of the judgment, and the prosecutor's arguments that the defendant committed a crime during the period of suspended execution, and that the defendant committed a crime again during the period of suspended execution, established a corporation by falsity, and transferred the means of access in the name of the corporation, thereby contributing to the occurrence of the crime of Bosing, etc.

However, it is not determined that the sentence of the court below is too unreasonable, considering the following circumstances: (a) the Defendant recognized the instant crime and divided the mistake; (b) favorable circumstances, such as the absence of the same criminal records; and (c) the Defendant’s age, character and conduct, environment, circumstances of the instant crime; and (d) other circumstances that form the conditions for the sentencing of the instant case as indicated in the records, such as the circumstances after

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

Meanwhile, in accordance with Article 25 of the Rules on Criminal Procedure, the part of the judgment of the court below that "the relevant provision of the law and the choice of punishment for the 1. Criminal facts" (in the original judgment No. 2, No. 11, 12) is clearly erroneous shall be corrected as follows

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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