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(영문) 전주지방법원 2016.06.16 2016노34
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the 6-month suspended sentence of imprisonment) is too unfied and unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected against the Defendant, the primary offender, and the Defendant, who was unable to be healthy due to insulinculin’s urinology, appeared to have committed the instant crime at the economically weak wife, and that the Defendant did not obtain any benefit from the instant crime, and that the Defendant’s parents complained against the Defendant’s prior wife.

However, the crime of this case is highly likely that the access media transferred to transfer the electronic financial transaction access medium may be used for crimes such as Bosing, etc.

In order to eradicate crimes, such as springing, etc., there is a need to strictly punish the act of aiding and aiding and abetting crimes like the instant crime, and considering the fact that the account transferred by the Defendant was actually used for the criminal act of springing, and other factors of sentencing as indicated in the record and the changed theory, such as the Defendant’s age, sexual conduct, and circumstances after the crime, the lower court’s punishment is deemed to be too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows through a new theory of change.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts;

1. Article 62 (1) of the Criminal Act (The consideration of the favorable circumstances as referred to in paragraph (2));

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