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(영문) 부산지방법원 2017.04.27 2016노4807
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

The court below's sentence (2,00,000 won) against the defendant as to the summary of the grounds for appeal is too unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

On January 19, 2017, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act at the Busan District Court on March 17, 2017, and the judgment became final and conclusive on March 17, 2017. On the other hand, the Defendant’s crime and the above violation of the Road Traffic Act, which became final and conclusive on March 17, 2017, are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the Defendant shall be sentenced to punishment for the crime as stated in the judgment of the lower court in consideration of equity with the case where the judgment is rendered simultaneously

In this regard, the prosecutor added "Articles 37 and 39 of the Criminal Act" to the provisions of the law applicable to the indictment of this case in the trial of the party, and "the defendant was sentenced to 8 months imprisonment with prison labor for a crime of violating road traffic law (driving under influence) in the court on January 19, 2017, and the judgment became final and conclusive on March 17, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

On January 19, 2017, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act at the Busan District Court on March 17, 2017, and the judgment became final and conclusive.

No person shall borrow or lend, or store, deliver or distribute any access medium necessary for electronic financial transactions while receiving, demanding or promising any consideration therefor.

On September 2014, the Defendant, by means of a text message from an unspecified person, assigned money to the said account due to tax issues.

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