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(영문) 대전지방법원 2017.04.27 2016노3674
전자금융거래법위반등
Text

The judgment of the court below Nos. 1 and 2 shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance court: 2 years of imprisonment, and the second instance court: 4 months of imprisonment) is too unreasonable.

(b)the sentence sentenced to the first instance judgment of the Prosecutor (two years of imprisonment) is too unhued and unreasonable;

2. Ex officio determination, the defendant appealed against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crime of each of the first and second in the judgment of the court of first instance against the defendant and the crime of each of the second in the judgment of the court of second in the judgment of the court of second in the Criminal Act are concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of first in the judgment and the second in the judgment of the court of second in the judgment

3. The judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed in entirety, and the following is again decided after pleading, on the ground that there is a ground for reversal ex officio as seen above.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the statements in each corresponding column of the first and second judgments, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 49(4)2, 6(3)3 (a) of the Electronic Financial Transactions Act (a point of keeping access media for the purpose of using a crime), Articles 347-2 and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act (a point of fraud by using computers, etc.), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (a) of the Road Traffic Act, Articles 262, 260(1), and 257(1)3 of the Criminal Act (a) of the same Act, Articles 50(1) and 58(1)1 of the Act, and 48(2)3 and 44(1) of the same Act (a point of fraud by using a computer, etc.) concerning the crime; and

1. Statutory mitigation is stipulated in Articles 32(2) and 55 of the Criminal Act;

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