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(영문) 의정부지방법원 2019.05.30 2018노2591
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (the sentence of the court below: a fine of five million won);

2. In light of the fact that the act of lending the means of access to a financial institution is used in various criminal acts, including licensing, and thus is not good enough to commit a crime, and the fact that the means of access leased by the defendant has been used in criminal acts, it is necessary to punish the defendant with strict punishment.

However, in full view of the various sentencing conditions in the instant case, including the fact that the Defendant recognized the crime and divided the wrong facts, favorable circumstances such as the primary offender, and other factors, such as the Defendant’s age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, there are no circumstances to determine that the sentencing conditions have been changed in the trial.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “one access medium” in Chapter 2 of the judgment of the court below among the facts constituting the crime shall be deemed “each means of access,” and Article 12-13 of the judgment of the court below among the application of the statutes of the court below shall be deemed “1. Relevant laws on criminal facts,” Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act;

1. Commercial concurrences, Articles 40 and 50 of the Criminal Act (each of the crimes of violating the Electronic Financial Transactions Act with respect to the means of access);

1. Where each dismissal is made due to "elective of punishment or of a fine", it shall be corrected;

[] In the case of lending a means of access, the crime of violating the Electronic Financial Transactions Act is established by each means of access, and multiple means of access (in this case, the physical card and password are separate means of access) by one act.

Several lendings under subparagraph 10 (a) and (e) of Article 2 of the Electronic Financial Transactions Act.

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