logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.12 2017노1882
사기방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is too unreasonable because the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the criminal defendant's participation in the telephone financial fraud crime, providing access media, withdrawing the money, etc., which facilitates the crime, the nature of each of the crimes of this case is inferior, and that the criminal defendant is likely to commit each of the crimes of this case without weighting even though he/she was subject to several criminal punishments, it is necessary to strictly punish the criminal defendant in light of the fact that there is a high possibility of criticism.

However, considering the following factors: (a) the Defendant appears to have committed each of the crimes in this case; (b) the Defendant did not have any record of criminal punishment for the same kind of crime; and (c) the Defendant’s age, sex, environment, circumstances of each of the crimes in this case; and (d) the overall conditions of sentencing as shown in the records and the changes of the circumstances before and after the commission of the crimes in this case, the sentence imposed by the lower court against the Defendant is unreasonable, and thus, the above argument by the Defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1), Article 32(1), and Article 30 of the Criminal Act regarding the facts constituting an offense; Article 49(4)1, and Article 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act (the acquisition by transfer of an access medium or transfer of an access medium);

1. The act of transferring each approaching medium on March 13, 2016 under Articles 40 and 50 of the Criminal Act (i.e., the crime of violation of the Electronic Financial Transactions Act due to the acquisition of one’s own accessible medium on March 13, 2016), and (ii) the act of transferring each approaching medium on March 13, 2016.

arrow