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(영문) 창원지방법원 2018.11.28 2018노929
전자금융거래법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

The defendant above.

Reasons

1. The summary of the grounds for appeal [the sentence of the court below: 6 months of imprisonment, 2 years of suspended sentence, 2 years of probation, observation of protection, community service work (No. 80 hours), 5 million won of fine (the court below’s judgment No. 2), 4 months of imprisonment (the court below’s judgment No. 3), 3 million won of fine (the court below’s judgment No. 4)];

2. Ex officio determination

A. Each appeal case against the judgment of the court below against the defendant was combined with the judgment of the court below 1, 3 and the judgment of the court below 2 and 4 which sentenced the imprisonment with prison labor against the defendant in the consolidated trial. Each of the offenses of the judgment of the court below 1, 3 and the judgment of the court below 2 and 4 in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act. Each offense of the judgment of the court 1, 3 in the judgment of the court 1, 3 in the judgment of the court 2 and 4 in the judgment of the court 2 and each offense of the judgment of the court 4 in the judgment of the court 1, 3 in the judgment of the court 1, 3 in the judgment of the court 2 and the judgment of the court 4 in the judgment of the court 2016 in the judgment below is no longer maintained.

B. According to the records of the latter part of Article 37 of the Criminal Act (as to the judgment of the court below No. 1 and No. 3), the Defendant was sentenced to six months imprisonment with prison labor on February 21, 2018 at the Suwon District Court Sejong District Court, for a violation of the Electronic Financial Transactions Act, and the said judgment became final and conclusive on March 1, 2018.

As above, the crimes of the lower court and the crimes of Articles 1 and 3 are concurrent crimes with the crimes for which judgment has become final and conclusive after Article 37 of the Criminal Act, and the crimes of the lower court are concurrent crimes with the latter part of Article 39(1) of the Criminal Act, and thus, the sentence for each crime of the lower court under Articles 1 and 39(1) of the Criminal Act should be imposed in consideration of equity with the case where judgment is to be rendered at the same time, and thus

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the following decision is rendered through oral pleadings, on the grounds that the judgment of the court below is reversed ex officio.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court are relevant to the original judgment.

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