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(영문) 서울북부지방법원 2018.04.20 2018노412
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Although there are circumstances such as the Defendant’s primary offender and the recognition and confession of the instant crime in the late late late late, the Defendant’s assertion is not acceptable in light of the following: (a) the Defendant planned and led the instant crime; (b) the violation of the Electronic Financial Transactions Act not only undermines the trust and safety of financial transactions but also can be the means of various other criminal acts; and (c) the Defendant’s age, sex, family relation, motive, means, consequence, and all other sentencing circumstances, including the Defendant’s age, sex, family relation, motive, consequence, and circumstances after the crime.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

However, in accordance with Article 25 (1) of the Regulation on Criminal Procedure, the part of the judgment of the court below shall be corrected ex officio as follows:

The judgment below

The sentence No. 9 and 8 at the second bottom of the 2nd page “J (request for a summary order with respect to a violation of the Electronic Financial Transactions Act at the High Government District Court on August 14, 2017)” is considered to be “J”.

The judgment below

Each "OPT device" in the 4th parallel, 3th parallel, 11th parallel, and 4th parallel at the lower end of the 2th parallel part of the 2th parallel part of the text of the Regulation is different from the "OTPP device".

The judgment below

Part 3, the "P (request for summary order on the same day)" of Part 7 shall be raised to "P".

The judgment below

The 6th page 10 of the 6th sentence “the choice of each imprisonment” shall be deleted.

The judgment below

In addition, between the 6th parallel conduct No. 10 and the 11th parallel conduct, “1. regular concurrence,” “Article 40, Article 50 of each Criminal Code,” “1. Selection of sentence,” and “each imprisonment choice,” respectively.

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