(영문) 인천지방법원 2015.02.27 2014노4430 | 리걸엔진

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(영문) 인천지방법원 2015.02.27 2014노4430

전자금융거래법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The transfer of the means of electronic financial transactions, which the Defendant committed on the market, is a crime that has a high risk of causing an unspecified number of victims by abusing the means of access to another crime in the second place, and its nature is not good. The Defendant repeated the instant crime even though there was a history of having been suspended one time due to the same criminal act; the Defendant’s deposit passbook transferred was used for the actual fraudulent act; and the Defendant generated the victim; however, it is disadvantageous circumstances such as the Defendant’s confession and reflects the crime; the Defendant’s confession and reflects the crime; it seems that it is difficult for the Defendant to use his life without good health; and other various sentencing conditions specified in the records and arguments, such as the Defendant’s character, conduct, environment, and circumstances before and after the crime, etc., the Defendant’s punishment against the Defendant is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

-전자금융거래법 제6조 제3항 제1호

-전자금융거래법 제49조 제4항 제1호

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