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(영문) 대전지방법원 2018.01.11 2017노3266
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. In the instant case where the Defendant established a false legal entity and opened and transferred an account under the name of the legal entity, the fact that the Defendant transferred a large number of access media (total of 24) is disadvantageous.

However, considering the fact that the defendant is recognized as committing the crime, there is no criminal conviction for the defendant, the fact that there is no criminal conviction for the defendant, the fact that the price acquired by the crime of this case seems not to be gross, and the other factors of all the sentencing specified in this case, such as character, character, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 228(1) of the Criminal Act for the crime at issue of each of the relevant provisions of the Criminal Act (the re-issuance of an electronic record, etc.), Article 229 of the Criminal Act, Article 228(1) of the Criminal Act, Article 228(1) of the Criminal Act (the use of an electronic record, etc., false entry), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the use of an access medium), Articles 49(4)1 and 6(3)1 of the same Act, Article 30 of the Criminal Act for each of the electronic financial transactions (the use of a publicly offered access medium)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (it shall be between a violation of each Act on Electronic Financial Transactions in Respect of access media simultaneously transferred);

1. Selection of each sentence of imprisonment;

1. As seen in the part of the judgment on the grounds for appeal for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are disadvantageous to the defendant.

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