전자금융거래법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (the factual error and inappropriate sentencing)
A. misunderstanding of facts: (a) The Defendant intended to use the instant physical card for the purpose of interest interest withdrawal in the lending process by deceiving one in the name-free box; (b) did not lend the means of access by promising compensation (in violation of the Electronic Financial Transactions Act), and (c) did not recognize that the Defendant withdrawn and remitted the money deposited according to his/her instructions because he/she was the end of the name-free box 2 that he/she should create a false transaction performance for the lending; and (d) did not recognize that the Defendant was able to commit fraud by the name-free winner
(Fraud) Nevertheless, the court below found all of the charges of this case guilty. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
B. The sentence imposed by the lower court (one year of imprisonment, two years of grace period, two years of community service, 120 hours of grace period) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the evidence duly adopted and examined by the court below regarding the violation of the Electronic Financial Transactions Act, the court below accepted one proposal from a person who has no name, who is willing to allow the Defendant to make a false income statement and obtain a loan, and delivered the above physical card to one person who has no name, under the awareness that the Defendant would allow the non-indicted 1 to use the physical card connected to the C bank account under the name of the Defendant until the loan is completed. It can be sufficiently recognized that the Defendant promised the non-indicted 1 to lend the physical card in return for the intangible expectation interest that the Defendant could receive future loan in return for the intangible expectation interest.
Therefore, this part of the defendant's argument is without merit.
B. Decision 1 on the charge of aiding and abetting fraud 1) The summary of this part of the facts charged is as follows: (a) the Nonindicted 2, along with the unfolded accomplices, offered an account to receive money from the victim after he conspireded to commit a telecommunications-based financial fraud (tentatively referred to as “phishing”), and remitted money to that account.