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(영문) 부산지방법원 2017.06.23 2016노4947
전자금융거래법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and nine months.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 3 years, and imprisonment with prison labor for 6 months) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1), 32(1) (a) of the Criminal Act, Articles 49(4)1, and 6(3)1 (a) and 6(3) of the Electronic Financial Transactions Act (the transfer or acquisition of an access medium) of the same Act on criminal facts, each of the relevant provisions of the Criminal Act, and Articles 95-2 and 32-4(1)1 (the illegal use of mobile communications terminal devices) of the same Act on criminal facts;

1. Article 40 and Article 50 of the Criminal Act (i) 1 of the Judgment of the first instance;

(a) b.(c);

Between the violation of the Electronic Financial Transactions Act due to the acquisition of each access medium by each item, and 2-2 of the judgment of the first instance

(a) Transfer of access media by each item between violations of the Electronic Financial Transactions Act;

1. Selection of each sentence of imprisonment;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (limited to accessories and aiding and abetting fraud) of the statutory mitigation;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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