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(영문) 전주지방법원 2013.08.30 2013노591
전자금융거래법위반
Text

1. All the judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 5,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence (No. 1: fine No. 2,00,000, and fine No. 2: fine No. 4,000,000) imposed by the lower court on the summary of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below was examined and sentenced separately, and the defendant filed an appeal against the above judgment of the court below, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the above crimes in the judgment of the court below should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes in accordance with the former part of Article 37 of the Criminal Act. Thus, the above judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

The summary of facts and evidence acknowledged by this court is as follows: (a) "Security Card, etc." (hereinafter "Security Card, etc.") (hereinafter "Security Card, etc.") (hereinafter "Security Card, etc.") (hereinafter "Security Card, etc.") (hereinafter "Internet Bank, etc.") (hereinafter "Internet Bank, etc.") (hereinafter "Internet Bank, etc.") (hereinafter "Internet Bank, etc.") (hereinafter "Internet Bank, etc."), and (c) (hereinafter "Internet, etc., 201 high-level730) (hereinafter "Application for Internet Bank, etc."), and (d) (1) of the judgment of the court below as stated in each corresponding column).

Application of Statutes

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order in this case.

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