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(영문) 의정부지방법원 2020.02.06 2019노2687
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The defendant does not pay the above fine.

Reasons

1. Summary of the grounds for appeal: Sentencing (a fine of three million won is imposed);

2. In light of the fact that the instant crime led to the occurrence of the victim of Bosing, and the social harm that led to the crime of Bosing, there is a need to strictly punish the act of transmitting the means of access, such as the instant crime, to the extent that it is disadvantageous to the Defendant.

However, in full view of the favorable circumstances such as the defendant's acknowledgement of the crime and the mistake against the defendant, the fact that there is no record of punishment for the same kind of crime, and the fact that the defendant does not seem to have finally known that the means of access in this case will be used for the crime, and other circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment sentenced by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

[Discied Reasons for the Judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the gist of evidence.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence shall be determined as ordered in consideration of the various circumstances in light of the examination of the reason for sentencing under Article 62(1) of the Criminal Act.

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