전자금융거래법위반
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
except that this shall not apply.
1. Each sentence of the lower court (Defendant A: Imprisonment with prison labor for 6 months and confiscation, Defendant B: Imprisonment with prison labor for 1 year and 6 months and confiscation) against the Defendants in summary of the grounds for appeal is too unreasonable.
2. Determination
A. Defendant A, despite being aware of the illegality of keeping and delivering another person’s physical cards, was involved in the crime from March 12, 2018 to March 20, 2018.
Since the delivery of these illegal cards is an essential means for preventing crimes that have a great social harm, such as Bosing, etc., it is necessary to strictly punish to eradicate such crimes.
On the other hand, however, the defendant appears to have the attitude of recognizing and opposing the crime, and the defendant was found to have actively cooperated with police investigations when the crime was discovered by information, and that the defendant was based on the direction of the phishing organization.
In full view of the following facts: (a) there is no circumstance to see; (b) the period of participation is relatively short; (c) the primary offender who has no record of punishment; and (d) the Defendant’s age, sexual conduct, environment, family relationship, and all other sentencing conditions specified in the argument in the instant case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is justified.
B. Defendant B appears to have the attitude of recognizing and opposing a criminal act, and the fact that Defendant B has no record of punishment other than the punishment once for other crimes is favorable.
However, from October 2017, the Defendant played a role as a book of solicitation in contact with the Defendant’s employees of Bosishing, and introduced the seals to China, and sent them to China. The Defendant, who is difficult to recruit the withdrawals, was able to play a role in the withdrawals by doing so by doing so by other persons. When the Defendant was discovered at the time of committing the instant crime, the Defendant was arrested and was arrested at the time of committing the instant crime, and all other sentencing conditions indicated in the instant pleadings, including the Defendant’s age, sex, environment, family relationship, and motive and circumstances leading up to the instant crime.