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(영문) 청주지방법원 2018.11.30 2018노830
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) that the defendant recognized the instant crime and reflected in the instant crime, the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. The crime of this case was committed with knowledge that the Defendant would be used for the crime of telephone finance fraud, thereby aiding and abetting the Defendant to commit the crime of telephone finance fraud, which would have a great harm to society, is not good, and the Defendant again commits the crime of this case without being aware of it during the period of repeated offense, and is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the total amount of damage was not limited to KRW 1,081,000; (c) the Defendant agreed that all victims and the Defendant had been punished for the same kind of crime; and (d) the Defendant has no record of being punished for the same crime; and (b) the Defendant’s age, sex, environment, family relationship, family environment, circumstances after the commission of the crime; and (c) the various sentencing conditions as indicated in the instant records and the changes theory, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the above assertion by the Defendant is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Articles 49(4)2 and 6(3)3 (a) of the Act on Electronic Financial Transactions and Trade (a point of lending an access medium) concerning the facts constituting an offense under the relevant provision of the Act, Articles 347(1) and 32(1) of the relevant Criminal Act (a point of aiding and abetting fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Aggravation of repeated crimes:

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