사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
The defendant shall obtain money from the applicant for compensation.
1. The summary of the grounds for appeal (the 2 years of imprisonment with prison labor of the first instance court, the 2 months of imprisonment with prison labor of the second instance court) is unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the first and second court rendered a separate trial and rendered a judgment of conviction against the defendant, and then the defendant filed an appeal respectively, and the court decided to concurrently examine the above appeal case.
However, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act.
Therefore, each judgment of the court below against the defendant was no longer maintained.
On the other hand, the prosecutor applied for the amendment of the indictment with the content that the first instance court changed the facts charged as follows, and since this court permitted it, the judgment of the court below can no longer be maintained in this respect.
In the revised facts charged, the term "one-time office leader" in collusion with telephone financial fraud assistance officers whose name is unknown, and tried to obtain money by means of remitting money under the pretext of guarantee insurance premiums, fees, etc., as if he/she would misrepresent the employees of financial institutions, etc. and cause the loan.
Accordingly, the chief of C office included the Defendant, etc., and the Defendant, upon the direction of the chief of C office, conspired in order to collect cash cards from the unoffendered accomplices and withdraw the money transferred to the account connected with the said cash card and deposit the money again into the account under the name of the Defendant.
1. No person who violates the Electronic Financial Transactions Act shall issue a transaction request in electronic financial transactions or take over any electronic card or a password necessary for using such card in order to secure the authenticity and accuracy of users and the details of such transaction;
Nevertheless, the Defendant.