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(영문) 서울북부지방법원 2014.12.23 2014노1360
전자금융거래법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (700,000 won) imposed by the court below against the defendant is too unreasonable.

2. In light of the circumstances that led to the instant crime, including the circumstance leading up to the instant crime, the circumstances before and after the instant crime, Defendant’s personality and behavior, Defendant’s environment, family relationship, occupation, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, is somewhat unreasonable, in view of the following circumstances: (a) the Defendant’s mistake is recognized, and there is no history of the Defendant’s heavy punishment exceeding a fine; (b) the Defendant’s life and bad health conditions are extremely old; and (c) the Defendant appears to have led to the instant crime at a very very difficult location due to difficult life conditions and bad health conditions.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (amount of KRW 100,000 per day);

1. Article 59 (1) of the Criminal Act (Special Consideration in favor of the defendant as seen in the preceding sentence);

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