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(영문) 대구지방법원 2017.01.19 2016노3878
전자금융거래법위반
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (two million won in penalty) declared by the court below.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

Where an access medium is transferred in violation of the Electronic Financial Transactions Act, one crime is established for each access medium. However, the act of transferring a number of access media in a lump sum is a case where several access media are used as a single act to commit a violation of the Electronic Financial Transactions Act, and each crime is in a mutually competitive relationship.

It is reasonable to interpret (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). Since the defendant transferred e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

However, the lower court erred by omitting judgment on the relation to each of the instant crimes in violation of the Electronic Financial Transactions Act, and thus, the lower court was unable to maintain any further judgment in this respect.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument about sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as stated 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. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, led to the confession of all of the instant crimes.

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