전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.
2. Before the judgment on the grounds of appeal on the grounds of appeal, on December 5, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Incheon District Court’s Busan District Court’s Branch Branch on December 5, 2014, and the Defendant appealed to the Incheon District Court, but the appeal was dismissed on March 12, 2015. While the Defendant appealed to the Supreme Court, on May 26, 2015, the final judgment became final and conclusive around that time after the dismissal of appeal was decided by the Supreme Court. The above crime and the crime of which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt the sentence, the lower judgment becomes unable to be maintained any more.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows: "The defendant was sentenced to ten months for the violation of the Act on the Control of Narcotics, etc. (fence) in the vice versa of the Incheon District Court on December 5, 2014, and the defendant appealed to the Incheon District Court on March 12, 2015, but the appeal was dismissed on March 12, 2015, and although the defendant appealed to the Supreme Court on May 26, 2015, the above judgment became final and conclusive around that time" in the summary of the evidence, and except for adding "1. Pnet case search and judgment" to the summary of the evidence, it is identical to the description of each corresponding column of the judgment of the court below pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;