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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.
2. On November 27, 2019, the judgment of the court below became final and conclusive on December 5, 2019 on the facts charged in the instant case by the ex officio judgment prosecutor, which added “Articles 37 and 39(1) of the Criminal Act” to the applicable provisions of the Act, and the subject of the judgment of the court below was changed by the permission of this court, and thus the subject of the judgment of the court below is no longer possible.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment below is reversed and it is again decided as follows.
[The reason for the judgment in multiple times] The first head of the crime room is as follows: “The defendant was sentenced to six months of imprisonment by the Suwon District Court on November 27, 2019 due to a violation of the Electronic Financial Transactions Act, etc., and the above judgment became final and conclusive on May 13, 2020.” In addition, it is identical to the corresponding part of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
1. The defendant's oral statement in court;
1. E’s authenticity and written statements;
1. The written confirmation of transfer transactions and the inquiry of customer personal information;
1. Previous convictions as indicated in the judgment: Criminal records, summary records of case agreement, assistant court records of Suwon District Court 2019 High Court 201 High Court 4023 High Court 1 copy of judgment, search of Na case (U.S. District Court 2019No7126);
1. Relevant Article of the Act on Real Name Financial Transactions and Confidentiality and Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality concerning facts constituting an offense, Article 32(1) of the Criminal Act, and selection of fines;
1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime at the time of sale and the first head of a judgment which became final and conclusive) concerning concurrent crimes;
1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;