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(영문) 의정부지방법원 2017.08.29 2017노1477
전자금융거래법위반
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 8 shall be confiscated.

Reasons

1. The summary of the grounds for appeal that the judgment of the court below rendered on the defendant [No. 1 year of imprisonment and confiscation] and the judgment of the court below No. 2 (two months of imprisonment] are too unreasonable.

2. We examine ex officio the defendant's reasons for appeal against the judgment of the court below Nos. 1 and 2 prior to the judgment of the court below.

The judgment of the court below 1 and 2 against the defendant was sentenced respectively, and the defendant filed each appeal, and this court decided to consolidate the two appeals cases.

The first and second judgment of the court below cannot be maintained as it is because each crime of the defendant of the first and second judgment is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and in accordance with Article 38(1) of the Criminal Act, one punishment shall be imposed.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, since the above reasons for reversal of the judgment of the court below are reasons for reversal of the above authority, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is identical to each corresponding column of the judgment below, except in cases where "K" (N) Nos. 10 and 1348 of the judgment below’s 2 pages 2 of the judgment below’s 1, and the summary of the facts constituting a crime and evidence is identical to that of the judgment below’s 50 pages of the evidence records of the case. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)1 and Article 6(3)1 of the Act on the Electronic Financial Transactions in question regarding the facts constituting an offense; Article 30 (a) of the Criminal Act; Article 49(4)1 and Article 6(3)1 of the Act on the Electronic Financial Transactions (a transfer of an access medium) of the Act on the Electronic Financial Transactions;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Electronic Financial Transactions Act of March 21, 2017);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing of Article 48(1) of the Criminal Act is to recognize each of the crimes in this case.

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