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(영문) 창원지방법원 2016.09.29 2016노1769
전자금융거래법위반
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Each sentence (the first sentence: imprisonment with prison labor for 6 months and the second sentence: imprisonment with prison labor for 4 months) imposed on the accused by the first and second core trials of the grounds for appeal is unreasonable because it is too unreasonable;

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Each of the offenses of the judgment of the court below Nos. 1 and 2 against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below is reversed in entirety, and it is again decided as follows through the pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)1, Article 6(3)1 (a) of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter the same shall apply), Article 49(4)2, and Article 6(3)2 (a) of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 2015; hereinafter the same shall apply), Article 49(4)2, and Article 6(3)2 (a) of the former Electronic Financial Transactions Act (amended by Act No. 1306, Jan. 2015);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant confessions and reflects the crime, and the fact that the defendant cooperates with the investigation to arrest the telephone financial fraud offender after the crime of the first instance judgment is favorable to the defendant.

On the other hand, each of the crimes in this case is the reliability of the safety performance of electronic financial transactions.

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