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(영문) 대구지방법원 2020.06.05 2019노3765
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (eight million won of a fine) declared by the court below against the defendant is too unhued.

2. Before the judgment on the grounds for appeal of the judgment is examined ex officio, and according to the statement of the defendant in this court, the defendant was sentenced to one year of imprisonment with prison labor for the violation of the Road Traffic Act, etc. at the support of the Daegu District Court in Ansan-dong on December 11, 2019, and the judgment became final and conclusive on December 19, 2019. The crime of the judgment of the court below and the above violation of the Road Traffic Act, which became final and conclusive on December 19, 2019, are concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to the latter part of Article 39(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] The criminal facts and the summary of the evidence acknowledged by the court of this court are as follows. The first head of the criminal facts at the time of original adjudication, "the defendant was sentenced to one year of imprisonment on December 19, 2019 with prison labor for a violation of the Road Traffic Act (driving) in the Daegu District Court Branch of Dong-dong, Daegu District Court on December 11, 2019, and the above judgment became final and conclusive on December 19, 2019, and "1. A previous conviction in the summary of the evidence" is the same as the corresponding column of the judgment of the court below, except for adding "a statement by the defendant in this court" to "a statement in this court

Application of Statutes

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act for the detention of a workhouse;

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