전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
If the above fine is not paid.
1. Summary of grounds for appeal;
A. In so doing, the lower court determined that the Defendant was a joint principal offender for the crime of transferring or acquiring the means of access of this case, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine on joint principal offenders.
B. The sentence imposed by the court below on the defendant (one month of imprisonment, two years of suspended execution, two years of probation, and 80 hours of community service) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court of first instance, the prosecutor examined the applicable provisions of the facts charged in this case as stated in the existing applicable provisions of the Act, and alternatively, stated that the application for changes in indictment submitted by the prosecutor under Article 49(4)4 of the Electronic Financial Transactions Act is an error in the entry of “Article 49(1)1,” but correction is clearly made if it is an error in the entry of “Article 6(3)4 and 1,” and the application for changes in indictment with regard to the facts charged as stated in the following facts was filed by the court, and thus the judgment of the court below cannot be maintained as it is,
3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and without examining the grounds for appeal by the defendant, it is again decided as follows through pleading.
Punishment of the crime
C and I, upon introduction of Defendant D, agree with each other to receive passbooks from A, etc. and transfer them again. C, upon public offering with I, around June 22, 2012, upon payment of KRW 200,000 to A from 701 of the Gyeyang-gu Incheon M building, the passbook, cash card, password, and Internet banking application documents in the name of A are taken over from A, and it is from June 22, 2012.