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(영문) 의정부지방법원 2020.06.19 2020노690
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

The seized Samsung Smartphone (compact) certificate.

Reasons

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

2. Before determining the grounds for appeal ex officio, one crime is established for each of the means of access if the means of access is transferred in violation of the Electronic Financial Transactions Act. It is reasonable to interpret that the act of transferring several means of access at once constitutes one act to constitute a case where multiple crimes of violating the Electronic Financial Transactions Act are committed (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). This legal doctrine equally applies to the case where multiple means of access are delivered at once and kept.

The Defendant received at each same time and at the same place the two means of access as indicated in the list of crimes Nos. 3 and 8, Nos. 4 through 7, Nos. 10 and 11 in the lower judgment.

Therefore, the crime of violation of each electronic financial transaction on the means of access that the defendant received at the same time is in a mutually competitive relationship.

Nevertheless, the judgment of the court below that deemed the defendant's act of receiving each of the above means of access as a separate crime and all of them were treated as concurrent crimes under the former part of Article 37 of the Criminal Act is erroneous in the misapprehension of the legal principles as to the number of crimes and concurrent crimes.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the following decision is delivered through pleadings.

[The reason for the judgment of multiple times] No person who is guilty of a crime shall borrow or lend access media or store, deliver, or distribute such media, knowing that such media is to be used for a crime or to be used for a crime.

Nevertheless, activities are conducted in China's geographical area.

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