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(영문) 대전지방법원 2019.06.26 2018노2647
전자금융거래법위반
Text

The judgment below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the lower court (e.g., a fine of KRW 5,00) is too uneased and unreasonable.

2. The fact that the Defendant recognized his mistake, and the fact that the Defendant appears to have no benefit acquired from the instant crime, is favorable to the Defendant.

However, in light of all the sentencing conditions specified in the records and pleadings of this case, such as the fact that the act of lending the means of access, such as the crime of this case, can be abused as a means of other crime, there is a need for severe punishment. In fact, the means of access leased by the defendant is used as a means of the so-called “singing” crime, the nature of the crime is not easy in light of the motive of the crime, etc., the crime was suspended for the same crime, and the crime of this case was committed during the period of suspended execution due to this crime, and the absence of the date of suspended for the trial, etc., it is deemed that the sentence imposed by the court below is unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The sentence shall be determined as per Disposition in full view of the various circumstances prior to the reason for sentencing under Article 62(1) of the Criminal Act;

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