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(영문) 부산지방법원 2016.06.24 2016노841
전자금융거래법위반등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the first sentence: imprisonment with prison labor and confiscation, and second sentence: imprisonment with prison labor and imprisonment with prison labor: one year and six months) imposed by the court below on the defendant is too unreasonable.

B. Each sentence imposed by each prosecutor by the lower court on the Defendant is deemed to be too unhued and unreasonable.

2. This court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance, and on the other hand, each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Therefore, in this regard, the part of the judgment of the court of first instance and the judgment of the court of second instance except the compensation order cannot be exempted from all the reversals.

3. In conclusion, the part of the judgment of the court of first instance and the judgment of the court of second instance, other than the compensation order, are reversed ex officio as seen above. Thus, without examining the criminal defendant and the prosecutor’s wrongful assertion of sentencing, the part of the judgment of the court of first instance and the judgment of the court of second instance except the compensation order, are reversed pursuant to Article 364(2) of the Criminal Procedure Act, and that of the judgment of the court of

Criminal facts

The summary of facts and evidence admitted by this court is as follows: “84 million won” of the fourth 10th sentence of the judgment of the court below as “874 thousand won” and “874 thousand won”; therefore, it is identical to each corresponding column of the original judgment of the court of first and second instances. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 2, Article 6 (3) 2 (a point of storage of an access medium) of the relevant Act on the facts constituting an offense, and Articles 347 (1) and 30 (a point of fraud) of each Criminal Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (i.e., each physical card in the name E and G) (i.e., each violation of the Electronic Financial Transactions Act on the physical card in the name of E and G, and (ii) the physical card in the name of G with heavy criminal situation.

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