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(영문) 서울중앙지방법원 2020.11.26 2020노1695
전자금융거래법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 3 through 7 of seized evidence.

Reasons

1. The summary of the grounds for appeal is unreasonable since the punishment of each of the original trials against the defendant (the first instance court's imprisonment: one year and six months, and one year and one year and one year), which the original court sentenced to the defendant.

2. The grounds for appeal by the defendant ex officio are examined ex officio before the judgment is made.

The Defendant filed an appeal against all the judgment of the court below in the first and second instances, and this court decided to hold a joint hearing of all the above appeal cases.

However, since each of the offenses recognized by the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the lower judgment cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by this court are all the same as the entries of the judgment below's columns, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act, Articles 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, and the choice of imprisonment for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentencing unfavorable circumstances for sentencing under Article 48(1) of the Criminal Act: The act of keeping the means of access for the purpose of criminal use should be strictly punished in that it can be used for other crimes with great social harm, such as scam, etc.

Each of the frauds in this case is committed in collusion with the Defendant’s name-free singing staff.

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