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(영문) 수원지방법원 2019.03.29 2018노7634
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Items 1 through 45, 50 through 62, of seized evidence.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation) by the lower court is too unreasonable.

2. Before determining the Defendant’s assertion of unfair sentencing ex officio, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant was sentenced to two years of imprisonment with prison labor on September 14, 2018, and the Defendant appealed under this Court 2018No6063, which was sentenced to two years of imprisonment with prison labor on September 14, 2018. On February 27, 2019, the above judgment became final and conclusive on the same day by withdrawing the above appeal. The crime of the judgment of the court below and the above offense for which judgment has already become final and conclusive are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by taking into account the equity with which the judgment is to be rendered at the same time under Article 39(1) of

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

[Discied reasoning of the judgment below] The summary of the facts constituting an offense and the evidence admitted by this court is added to the first head of the first crime in the judgment below, and the summary of the evidence was cited as it is in accordance with Article 369 of the Criminal Procedure Act, with the exception that "the defendant was sentenced at the Suwon District Court on September 14, 2018 to a two-year suspended sentence of imprisonment with prison labor for non-existence of public electromagnetic records, etc. on September 27, 2019, and the above judgment became final and conclusive on February 27, 2019" was added to the last part in the summary of the evidence.

Application of Statutes

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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