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(영문) 인천지방법원 2019.08.23 2019노1467
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. An ex officio determination prosecutor filed an application for an amendment to the indictment with the content that the facts charged in the instant case are modified as stated in the facts charged in the judgment below, and this court permitted this and changed the subject of the judgment.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

[Dao-written judgment] The summary of facts constituting a crime and evidence recognized by this court is identical to the statement of the judgment below in addition to deletion of the first to second to second to tenth of the facts constituting a crime in the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2, 6 (3) 2 and 6 (3) 3 of the Electronic Financial Transactions Act (the delivery of the means of access following a promise of cost and recognition of the use of a crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [limited circumstances] is recognized and reflected in all of the instant crimes.

The main figures of the defendant want to be the wife of the defendant.

[Unfavorable circumstances] Each of the crimes of this case is very heavy in that the defendant's custody of the means of access under the direction of a person without a name for the purpose of acquiring monetary consideration, and the security and reliability of electronic financial transactions is seriously impeded.

There is a history of criminal punishment against the defendant several times.

This situation is the age, character and behavior of the defendant.

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