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(영문) 광주지방법원 2017.08.30 2017노2722
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The crime of violation of the Electronic Financial Transactions Act requires a strict punishment for the Defendant in light of the following: (a) the passbook and cash card transferred may be abused as a means of another crime as well as impairing the safety and trust of financial transactions; and (b) the access media illegally transferred by the Defendant was used for actual fraud.

However, in full view of the circumstances leading up to each of the crimes of this case, including the fact that the Defendant led to the confession of each of the crimes of this case, and that the Defendant agreed with D in full with the victim of embezzlement after the sentence of the lower judgment, as well as the circumstances leading up to each of the crimes of this case, the circumstances after the crime, and the Defendant’s environment, etc., the lower court’s punishment seems to be somewhat unreasonable, and thus, the above assertion by the Defendant is reasonable.

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in 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. Relevant legal provisions concerning the facts constituting an offense, Articles 49(4)2 and 6(3)2 (a) of the Act on Electronic Financial Transactions (a point of lending access media), Article 355(1) of the Criminal Act (a point of embezzlement) and each choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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