logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.05 2017노1818
컴퓨터등사용사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The crime of violation of the Electronic Financial Transactions Act requires strict punishment of the Defendant in light of the following: (a) the transferred passbook and cash card may be abused as a means of another crime as well as impairing the safety and trust of financial transactions; and (b) the access media illegally transferred by the Defendant was actually used for the actual crime of fraud.

However, if comprehensive consideration of the circumstances of each of the crimes of this case, including the fact that the defendant led to the confession of each of the crimes of this case, the defendant seems to have no benefit acquired by each of the crimes of this case, the defendant seems to have agreed with the victim F in the trial, and the defendant agreed smoothly with the victim F, the circumstances after the crime, the defendant's environment, etc., and the various sentencing conditions as shown in the records and the theory of changes, the court below's punishment seems to be somewhat unreasonable, and thus, the above argument by the defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347-2, 32(1), and 30 (a) of the Criminal Act concerning the facts constituting an offense; Articles 49(4)1 and 6(3)1 (a) of the Act on Electronic Financial Transactions;

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

1. Selection of each sentence of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

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

arrow