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(영문) 광주지방법원 2020.02.12 2019노2248
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In full view of the circumstances that the Defendant re-offending the instant case during the period of repeated crime due to the same crime, however, considering the following: (a) the fact that the Defendant committed the instant repeated crime during the period of repeated crime; (b) the establishment of an old-age corporation and its name account appears to have led AC and A, an accomplice; (c) equity in the punishment imposed by the accomplice; (d) fraud for which punishment of one year and six months has become final and conclusive; and (e) the latter concurrent crimes as prescribed in the latter part of Article 37 of the Criminal Act; and (c) other various sentencing conditions

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied reasoning] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Articles 314(1), 313, and 30 of the Criminal Act, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act, Articles 30 of the Criminal Act, the choice of punishment for each type of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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