전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too untile and unfair.
2. In light of the fact that the Defendant was aware that the physical card that he delivers was to be used for the crime of Bosing, and that the means of access was delivered several times prior to the instant crime, and that the Defendant’s profits therefrom are not much much, the lower court’s punishment is too uneasible and unfair.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 3 of the same Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Prior to the reasons for sentencing under Article 62-2 of the Social Service Order Act, a sentence shall be determined as ordered by taking into account the various circumstances examined in determining the reasons for sentencing.