전자금융거래법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
The seized mobile phone.
1. As to the summary of the grounds for appeal (e.g., indui) ① the Defendant’s punishment of the first instance court (one year of imprisonment with prison labor), the Defendant asserts that the punishment is too unreasonable, and the Prosecutor asserts that the punishment is too unreasonable. ② The Prosecutor asserts that the second instance court’s punishment (eight months of imprisonment with prison labor) is too unreasonable.
2. As to the judgment of the court of first instance, the Defendant brought an appeal against all of the judgment below, and this court decided to hold the two appeals together.
Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment of the first and the judgment of the second court cannot be maintained as they are.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment below is ruled as follows through pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to the corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 347(1) and 32 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, and the choice of imprisonment with prison labor for each type of crime;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting fraud)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing of Article 48(1)1 of the Criminal Code for forfeiture are that the planned and organized criminal conduct against many unspecified victims is very serious social harm.