logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.23 2018노2500
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal: The lower court’s sentence of an unreasonable sentencing (three million won of a fine) is too unhued and unreasonable.

2. In full view of the circumstances favorable to the Defendant, including the fact that the Defendant led to the confession of the offense, and the fact that there was no previous conviction exceeding a fine, etc., the crime of this case is deemed unfair on the ground that the crime of this case is committed not only undermining the security and reliability of electronic financial transactions, but also undermining other crimes. In light of the fact that the means of access transferred by the Defendant appears to have been actually used for the crime of illegal credit business, and that the Defendant was absent on the date of trial and was notified of the date of pronouncement without justifiable grounds, and other unfavorable circumstances that are unfavorable to the Defendant, such as the Defendant’s age, character and behavior, environment, details of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable.

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 again decided as follows.

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

Application of Statutes

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination of the grounds for appeal for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be made in full view of the various sentencing conditions as seen above.

arrow