전자금융거래법위반등
All appeals by the defendant and the prosecutor are dismissed.
All applications for compensation order shall be dismissed by applicants.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (two years and six months of imprisonment) or too heavy (the defendant) and hulled (the prosecutor).
2. In full view of the circumstances revealed by the lower court on the grounds of sentencing and all the sentencing conditions shown in the records and arguments, including the absence of changes in circumstances after the lower court’s judgment, the sentence imposed by the Defendant is deemed appropriate, and the Defendant’s sentence is too heavy or too unreasonable, and thus, the Defendant and the prosecutor’s assertion is without merit.
3. The applicant for compensation as to the application for remedy order shall seek compensation for each money obtained by deceit on the ground that the Defendant acquired money (the amount of KRW 150,000 from the applicant for compensation, KRW 150,000,000,000,000) from the applicant for compensation.
However, the claimant for compensation appears to have deposited the money obtained by deception from a person who is not his/her name in the name of the defendant (2016 order 4401) connected to the access media that the defendant transferred. However, the defendant was convicted of violating the Electronic Financial Transactions Act due to the transfer of access media, and the defendant was not prosecuted as an accomplice for the crime of fraud committed by a person who was not his/her name.
Therefore, the application for compensation order of this case constitutes a case where it is not reasonable to issue a compensation order because the existence or scope of compensation is unclear.
4. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. The application for compensation order filed by the applicants for compensation is dismissed in accordance with Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.