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(영문) 수원지방법원 2016.06.03 2016노314
전자금융거래법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 13,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence (15,00,000 won) that the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. In light of the evidence duly adopted and examined by this court prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to one year and six months of imprisonment on October 15, 2015 by fraud, etc., and the above judgment became final and conclusive on January 28, 2016. As above, the crime of fraud, etc. and the crime of this case in relation to concurrent crimes after Article 37 of the Criminal Act, which have become final and conclusive, should be sentenced in consideration of equity in cases where the judgment is to be rendered at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act. Therefore, the lower judgment is no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The criminal facts against the defendant recognized by this court and the summary of the evidence were all criminal facts and the summary of the evidence. "The defendant was sentenced to imprisonment with prison labor on October 15, 2015 with prison labor on fraud, etc. from the Suwon Giwon, which became final and conclusive on January 28, 2016.

“The summary of the evidence is as stated in the corresponding column of the lower judgment, except for adding “1. Court Decision (Jiwon District Court Decision 2015 High Court Decision 2015 High Court Decision 1466) and the text of the judgment (Jiwon District Court Decision 2015No. 6245)”. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions (a transfer of access media), Article 347-2, and Article 32 (1) of the Criminal Act (a transfer of access media), the selection of fines for the crime;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)6 of the same Act

1. The meaning of concurrent crimes;

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