2020No2632 Fraudulent and Electronic Financial Transactions Act

B

Defendant

Kim Jin-hee (Court of First Instance) and a delay in the trial.

Attorney Park Kin-bok (Korean National Assembly)

Seoul Central District Court Decision 2020 Godan1738, 2020 Godan304 Decided August 12, 2020

(Consolidated) Judgment and Application for Compensation Order 2020 Seocho657

November 1, 2020, 26

The part of the judgment of the court below concerning prosecuted cases shall be reversed.

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

Seized evidence Nos. 3 through 8 shall be confiscated from the defendant.

1. Summary of the grounds for appeal (e.g., both types);

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination

Each of the crimes of this case is the fact that each of the crimes of this case was planned and organized against many and unspecified persons and was involved in the scaming of many victims, and that the nature of the crime is considerably significant in light of the method and form of the crime. The crimes of scam, such as each of the crimes of this case, are highly harmful to society, crime is committed systematically and systematically, and the crime is committed in an intelligent manner, and it is difficult to arrest the entire organization members, even a subordinate member who participated only in part of the crime, requires strict punishment, and the victims' damage is not completely recovered, etc. are disadvantageous to the defendant.

However, it is advantageous to the fact that the Defendant recognized each of the crimes in this case and reflected the mistake, and that the period of participation in each of the crimes in this case is only two weeks, and that the profit from each of the crimes in this case is relatively small.

In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. Conclusion

Therefore, since the defendant's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the case prosecuted among the judgment below is reversed, and it is again decided as follows.

[Grounds for multi-use Judgment]

The summary of facts constituting an offense and evidence. The summary of facts constituting an offense and evidence recognized by this court is identical as stated in each corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article applicable to criminal facts;

Articles 347(1) and 30 of the Criminal Act; Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the custody of means of access to a crime); Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act; Articles 329 and 30 of the Criminal Act; Articles 70(1)4 of the Specialized Credit Finance Business Act; Article 30 of the Criminal Act (the custody of means of access to a crime); Article 30 of the Criminal Act (the custody of means of access to a crime)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 3(1) of the Act on Special Cases Concerning the Confiscation and Restoration of Corruption Property, and Article 48(1) of the Criminal Act, prior to the reason for reversal, all the circumstances were considered.

The assistant judges of the presiding judge;

Judges Kim Jae-young

Judges Song Sung-young