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(영문) 청주지방법원 2020.02.07 2019노1463
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of violating the Electronic Financial Transaction Act in this case’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor not only disturbs the stability and reliability of electronic financial transactions, but also commits other serious crimes, such as Bosing fraud, and the means of access leased by the Defendant was actually used for the commission of Bosing fraud, and the fraud victim occurred. The Defendant committed the instant crime before the instant case, based on the criminal facts that took part in the organization of Bosing criminal prior to the instant case in the solicitation of passbook, which was sentenced to five years of suspension of execution at the general military court at the operations headquarters of April 17, 2018, and for which the suspended period became final and conclusive on April 25, 2018, but again committed the instant crime.

However, it is more favorable that the above victim does not want the punishment of the defendant according to the defendant's agreement with the victim D using the means of access in the case where the defendant all of the crime of this case is recognized and against the defendant, the defendant has no profit acquired by the crime of this case, and the defendant does not want the punishment of the defendant.

In full view of the above circumstances and all other circumstances shown in the records and pleadings, the lower court’s punishment is deemed unfair as it is inappropriate, and the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

( long as the appeal by the defendant is reversed on the grounds that it is well-grounded, the appeal by the prosecutor shall not be dismissed separately from the disposition).

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