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(영문) 인천지방법원 2018.09.14 2018노1577
전자금융거래법위반
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for eight months, for each of the defendants B and D.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (in case of Defendant A: Imprisonment with prison labor for 10 months, Defendant B, and D: 6 months) is too unreasonable.

2. We examine ex officio the reasons for appeal by the Defendants prior to the judgment.

In the trial of the court below, the prosecutor applied for changes in the indictment with the same content as the criminal facts stated in the judgment below, and this court permitted this and changed the object of the trial.

In this respect, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed and the part of the judgment of the court below against the defendants is reversed and it is again decided as follows without examining the defendants' unfair grounds for reversal of authority as above.

[Judgment used again against the Defendants] The summary of the facts constituting a crime and evidence recognized by this court is as follows: (a) “sale and distribution was made” of “sale” of “sale” of the 4th page 17 of the judgment below; (b) “distribution and distribution was made” of “sale and distribution was made to the under-name winners”; and (c) “The act of lending or lending, or the act of safekeeping and delivery was distributed or distributed in custody,” of the 5th page 2 of the judgment below as stated in each corresponding column of the Criminal Procedure Act; and (d) it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of the relevant criminal facts: Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act

1. In the case of the ordinary concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant A and B who handle concurrent crimes: Article 37 of the Criminal Act: Provided, That Article 39 (1) of the same Act shall apply;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendant D: Article 62(1) of the Criminal Act 1.

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