(영문) 의정부지방법원 2018.05.17 2017노3399

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(영문) 의정부지방법원 2018.05.17 2017노3399

전자금융거래법위반

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The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

2. The act of lending access media should be strictly punished because it can be abused as a means of other crimes. The access media leased by the Defendant was actually used for financial fraud and the victim was also generated.

In addition, the Defendant did not know that the leased access media was used for the phishing crime.

However, it seems that the approach media could be used illegally in light of the lending method of the approach media or excessive lending cost, etc.

However, the fact that the defendant led to the confession of the crime, the first offender who has no record of criminal punishment, the victim made a prompt report and did not cause any further damage, and there was no benefit that the defendant acquired due to the crime of this case, the fact that there was no benefit that the defendant acquired, and that it is extremely difficult for the future to live in the future.

as such, there is a need to give new opportunity for departure.

In full view of all other factors such as the defendant's age, sexual conduct, environment, motive and circumstance before and after the crime, etc., the punishment sentenced by the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, 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.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Articles 49(4)2 and 6(3)2 of the Act on the Electronic Financial Transactions and Trade (excluding punishment) concerning facts constituting an offense.

유사 판례

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