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(영문) 부산지방법원 2017.06.09 2017노1130
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the court below erred by omitting aggravated concurrent crimes under Article 38 (1) of the Criminal Act in regard to each of the above crimes in the concurrent crimes under the former part of Article 37 of the Criminal Act, even though the sentence was determined by the method of determining aggravated concurrent crimes under Article 38 (1) of the Criminal Act, on the grounds that the court below erred by omitting aggravated aggravated concurrent crimes, the judgment below cannot be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: the last one of the judgments of the court below's failure to provide compensation for the crime, and the access media was lent and circulated.

“In promising to pay, “The approaching medium was leased and circulated.”

With the exception of “ro-con” as stated in each corresponding column of the lower judgment, citing the same as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the title B is each the violation of the Electronic Financial Transactions Act due to the lending of each access medium in the name of B, and the title C.

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