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(영문) 서울중앙지방법원 2019.10.24 2019노2309
전자금융거래법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below is too unreasonable.

2. The transfer, acquisition, lending, etc. of the means of access for electronic financial transactions can be used as means of other crimes such as singing, etc. In fact, in this case, the means of access leased by the Defendant seems to have been used as means of singing.

However, after the Defendant committed the instant crime, the money deposited in the account was returned to the depositor by requesting the payment suspension for the Han Bank account promptly leased by the Defendant.

It seems that the defendant did not actually receive the cost of lending the means of access from a person who is not his/her name.

In the past, the defendant recognized the crime of this case, and shows his attitude to repent of his mistake.

The defendant has no history of criminal punishment.

It seems that the economic situation of the defendant is not good.

Defendant has family members to be supported.

The mother of the defendant appeals against the defendant.

In addition, in full view of the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and background of the crime, method and result of the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

【Reasons for the Judgment of the Supreme Court, which has been written] Criminal facts and summary of evidence, and summary of evidence are the same as the corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Article 49(4) of the Electronic Financial Transactions Act for the Selection of Punishment

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