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(영문) 대구지방법원 2018.02.02 2017노5233
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Nos. 1, 2 and 2 of seized evidence shall be charged to the defendant.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, confiscation, collection 11.8 million won) on the summary of the grounds for appeal is too unreasonable.

2. The crime of transferring an access medium, such as the instant case, requires strict punishment due to the high risk of abusing it for other serious crimes by impairing the stability and reliability of electronic financial transactions. The Defendant established a false corporation for the purpose of distributing a passbook under the name of the so-called so-called Unmanned Corporation. After having taken over the access medium under the name of a false corporation from G, the Defendant actively distributed the access medium by communicating the Internet gambling site operator and transferring it to the operator of the Internet gambling site, etc., the Defendant did not have much profit from the instant crime, and the Defendant had a criminal record of fine due to the violation of the Electronic Financial Transactions Act.

However, in light of the fact that the defendant recognized all the facts charged in this case and reflects his mistake, that there is a corporation established by the defendant falsely, that there is a large number of access media distributed by the defendant, that there is no criminal offense exceeding the fine for the defendant, and that there is no criminal offense against the defendant, and that other conditions of sentencing specified in the records and arguments of this case, including the equity of punishment for the same kind of case, including age, sex, criminal conduct, environment, family relationship, and circumstances after the crime, the court below's punishment is too unreasonable, and therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 228(1) of the Criminal Act concerning facts constituting an offense and Article 228(1) of the Criminal Act (official electronic records.

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