(영문) 인천지방법원 2013.03.22 2012노3884 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2013.03.22 2012노3884

전자금융거래법위반

Text

The judgment below

The parts against the Defendants are reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months and by imprisonment for Defendant B.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendants (Defendant A: Imprisonment with prison labor for 10 months and Defendant B: imprisonment for 8 months) is too unreasonable.

2. The transfer of the means of access to electronic financial transactions is abused for other serious crimes and thus is highly likely to cause secondary damage. Therefore, it is necessary to strictly punish the Defendants. The actual use of the means of access transferred by the Defendants is used for other crimes, and the Defendants’ instant crime is not limited to the transfer or the transfer of the means of access once, but is not limited to the transfer or the transfer of the means of access to 37 financial transactions from April 2012 to September 2012.

However, in the meantime, the defendants are deemed to have committed the crime of this case in depth through the prison life for a period of five months, and the family members of the defendants wanted to support the defendants. In particular, in the case of the defendant A, there are family members to support the defendants, including those who have vertebrate only, and there are no criminal records for the defendants, and the defendants A did not have any criminal records for the last eight years, and there are other various sentencing conditions in the records and arguments, such as the defendants' age, character and behavior, family environment, and circumstances after the crime, etc., the court below's punishment against the defendants is somewhat unreasonable.

3. In conclusion, the part of the judgment below against the Defendants among the defendants is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and it is decided again as follows.

Criminal facts

Article 369 of the Criminal Procedure Act is applicable to the facts constituting the offense against the Defendants and the summary of the evidence recognized by the court.

참조조문

-형사소송법 제346조 제6항

-형사소송법 제369조

유사 판례

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