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(영문) 인천지방법원 2013.10.04 2013노2306
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (five months of imprisonment) against the Defendant is too unreasonable.

2. The act of mediating the transfer of the means of access, such as the instant crime, is likely to abuse the means of access that has been transferred to another serious crime, thereby causing secondary damage. Therefore, it is necessary to strictly punish such act. The Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of it during the period of repeated crime as indicated in the lower judgment.

However, in full view of the fact that the defendant recognized the crime of this case and reflects his mistake, the defendant has no record of being punished for the same crime before the crime of this case, equality in sentencing with the same or similar incidents, and other various sentencing conditions in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime of this case, the sentence of the court below against the defendant is somewhat unreasonable.

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

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 4 and 6 (3) 4 of the Electronic Financial Transactions Act concerning the selection of punishment, and Article 30 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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