(영문) 인천지방법원 2019.01.24 2018노3990 | 리걸엔진

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(영문) 인천지방법원 2019.01.24 2018노3990

전자금융거래법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. As to the crime of this case, the crime of this case is recognized as having committed the crime of this case, even though the defendant was sentenced to the suspension of the execution of imprisonment for a crime of this case and is still under the suspension of the execution of the execution of imprisonment for a crime of this case.

However, in light of the fact that the defendant recognized the crime of this case and violated his mistake, it seems that there is no actual criminal proceeds acquired by the crime of this case, and that the account in the name of the defendant was paid to the victim F of the loan fraud by using the account under the name of the defendant, and that there was no record of criminal punishment exceeding the previous and the suspended execution of imprisonment, and that there was no record of criminal punishment exceeding the previous and the suspended execution of imprisonment, as the crime of this case, the crime of this case has already been committed for more than three months, and that the suspended execution of imprisonment (three years of suspended execution under one year of imprisonment) which had already been invalidated and suspended as the crime of this case has already become final and conclusive, it is deemed that the sentence of this case has to be executed after adding the suspended sentence of imprisonment (three years of suspended execution under one year of imprisonment) which has already become final and conclusive. In light of the nature and form of the crime of this case, it is too unreasonable for the court below to have imposed the sentence of this case.

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

[The reasons for the ruling of multiple times] Criminal facts and summary of evidence shall be the court.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-청주지방법원 2020.06.19 2019노1178

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