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(영문) 서울동부지방법원 2015.07.16 2015노575
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., e., a fine of three million won imposed by the court below on the defendant is too unreasonable.

2. The act of transferring the means of access, like the Defendant, can be used as a means of other crime that causes many social harm, such as singing and singinging, etc. Therefore, even to prevent such crime, strict punishment is necessary, and the fact that the Defendant actually used the deposit account that the Defendant transferred to commit the fraud is disadvantageous to the Defendant.

However, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., the lower court’s punishment is unreasonable, as it is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Ad hoc the judgment of the court below, the summary of the facts constituting a crime and the evidence recognized by the court below, and the summary of the facts charged and the evidence related thereto, the judgment of the court below is deemed to be "a person for whom the judgment has become final and conclusive," and "a person for whom the judgment has become final and conclusive on March 12, 2015, sentenced one year and four months to imprisonment with labor for a violation of the Electronic Financial Transactions Act from the Sungnam branch of the Suwon District Court on March 12, 2015, and the judgment has become final and conclusive on June 5, 2015," and "a summary of evidence" is deemed to be "a final and conclusive" at the end of the fourth sentence (the part before trial), and the end of the fourth sentence (the part before trial), and the corresponding column of the judgment of the court below is to add "ad hoc the Suwon District Court support 2015Da1119 (Joint), Suwon District Court 2015No18555)."

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