사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable, or is too uneased and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The crime of delivery or storage of access media under Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act constitutes one crime for each access medium, and the crime of delivery or storage of multiple access media in a lump sum constitutes one act of committing a crime of violation of the Electronic Financial Transactions Act, and each offense constitutes a commercial concurrent relationship (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). The Defendant stored several copies cards at the time of the crime of storage of each access medium as indicated in the holding of the lower judgment, and thus, the crime of violation of the Electronic Financial Transactions Act is a commercial concurrent relationship.
However, the lower court failed to decide on the relation of receipt of each of the crimes in violation of the Electronic Financial Transactions Act by the Defendant, and thus, the lower court was no longer able to maintain any further judgment.
3. In conclusion, the judgment of the court below is reversed ex officio and it is again decided as follows, without examining the above grounds for reversal of authority. The judgment below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's respective grounds for sentencing.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act applicable to the facts constituting an offense (each fraud), Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act (the storage of access media) concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the names of violations of each electronic financial transaction law, and the names of D with the largest criminal situation).