전자금융거래법위반
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for ten months.
Defendant No. 1 of the seized evidence.
1. The summary of the grounds for appeal [the defendant A and the prosecutor (the defendant A and the prosecutor)] each of the judgment of the court below on the unreasonable sentencing. ① The defendant A and the confiscation (Evidence No. 1) of the defendant B: Imprisonment with prison labor for not less than one year and six months, and confiscation (Evidence No. 3 through No. 23) for the defendant C. < Amended by Act No. 1514, Dec. 1, 201>
2. Ex officio determination on the legality of each confiscation against Defendant B, C, and D
A. The lower court determined as follows: ① (i) the cash (No. 30/100 (No. 4), four (No. 22), one (No. 23), one (No. 23), one (No. 17 (No. 5/21) in possession of the Defendant possessed by the said Defendant from May 10, 2019; and (ii) the cash (No. 73 (No. 25), eight (No. 26), one (No. 27), one (No. 3 (No. 28) in possession of the said Defendant’s possession of the said Defendant upon the arrest of the said Defendant from Defendant C on May 10, 2019; and (iii) the said Defendant’s possession of one (No. 1) in possession of the said Defendant’s possession of the attached KRW 73 (No. 26), one (No. 1), one (No. 27), one (No. 3019/19 (No. 28). 19).
B. Even if each physical card was provided or intended to be provided in a criminal act of judgment on the legality of confiscation, it cannot be confiscated if it falls under the ownership of a person other than the criminal (Article 48(1)1 of the Criminal Act). The evidence submitted by the prosecutor alone is unclear whether the previous owners of the above physical card 29 (17 persons confiscated from Defendant B, 11 persons confiscated from Defendant C, and 1 persons confiscated from Defendant D) are definitely transferred each physical card to the Defendants. Thus, it cannot be deemed that the above physical card 29 persons are not owned by a person other than the criminal.
Whether or not to be confiscated shall not be subject to strict proof, but shall be recognized by evidence.