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(영문) 창원지방법원 2018.10.31 2018노1595
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be punished by imprisonment with prison labor for eight months);

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 228(1) of the Criminal Act; Article 228(1) of the Criminal Act; Article 229 of the Criminal Act; Article 49(4)1, Article 6(3)1 of the Electronic Financial Transactions Act; Articles 30, 40, 37, and 38 of the Criminal Act provide that “The public prosecutor shall make a statement on the amendment to the indictment; Article 229(4)1, Article 49(3)2, and Article 49(3)30 of the Criminal Act; Article 38 of the Criminal Act provides that “The public prosecutor shall make a statement on the amendment to the indictment; Article 229 of the Criminal Act; Article 49(4)1, Article 49(3)2, and Article 49(4)3, and Article 37 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act provides that “The public prosecutor shall not amend the amendment to the indictment; Article 38(3)4 of the Criminal Act.”

Therefore, the judgment of the court below is no longer maintained.

3. 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 of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【The reason for the judgment to be used again】 On September 13, 2017, the Defendant was sentenced by the Changwon District Court to imprisonment with prison labor for a period of ten years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award), and the sentence on September 21, 2017 became final and conclusive.

The Defendant established so-called “age-long corporation” without having to actually operate a corporation, and opened several accounts in the name of the said corporation, and sold books for soliciting passbooks, illegal gambling sites, etc. to raise profits.

1. An event, such as a false electronic record, an electronic record, etc., and a false electronic record;

A. On March 18, 2016, the Defendant together with C, etc., and on March 18, 2016, as Sungsan-si, Changwon-si, Changwon-si, 681.

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