전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.
2. In full view of the circumstances unfavorable to the Defendant, such as the fact that the deposit passbook, etc. transferred by the Defendant was used for the actual crime of fraud, causing the occurrence of the victim, the Defendant’s confession and reflects the crime, the first offender with no criminal power, the Defendant’s failure to obtain particular benefits from the crime of this case, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment, the circumstances before and after the crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable.
3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;