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(영문) 의정부지방법원 2015.10.27 2015노2274
사기방조등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for six months, and Defendant B: imprisonment with prison labor for ten months) is too unreasonable.

2. We examine ex officio the judgment on the grounds for appeal by the Defendants.

The crime of transfer of the means of access under the Electronic Financial Transactions Act is established only one crime for each individual means of access. However, it is reasonable to interpret that the act of transferring multiple means of access at once constitutes a single act and constitutes a case of committing several crimes of violation of the Electronic Financial Transactions Act.

(See Supreme Court Decision 2009Do1530 Decided March 25, 2010). According to the evidence duly adopted and examined by the lower court, the Defendants may recognize the fact that the Defendants transferred all copies of the passbook of our bank under the name of Defendant B and two copies of the check to the bearer bank on November 3, 2014. This constitutes a case where the Defendants committed multiple crimes of violating the Electronic Financial Transactions Act by a single act, and each of the said means of access is in a mutually competitive relationship.

Nevertheless, the judgment of the court below omitted the defendants' judgment on the relation of the crime of violation of the Electronic Financial Transactions Act among the crimes in this case, which affected the conclusion of the judgment by misapprehending the legal principles on the number of crimes of violation of the Electronic Financial Transactions Act. In this regard, the judgment

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below.

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