전자금융거래법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the legal doctrine, on the grounds that the lower court omitted the determination on “the act of lending physical cards linked to the Daegu Bank Account (H),” which is an additional charge, and thus, did not err by misapprehending the legal doctrine due to omission of judgment.
B. The sentence sentenced by the lower court (two years of suspended execution for one year of imprisonment, one hundred and twenty hours of community service) is too uneasy and unfair.
2. On June 26, 2018, the prosecutor applied for permission to amend an indictment to add the facts charged with “the act of lending physical cards connected to the Daegu Bank Account (H)” to the facts charged. Since the lower court permitted this, this part of the facts charged should be determined together with the facts charged, the prosecutor did not make a separate determination even though it is necessary to do so.
Therefore, the judgment of the court below is erroneous in omission.
The prosecutor's argument is with merit.
3. If so, the prosecutor's appeal on the misapprehension of the legal principles is with merit. Thus, the judgment below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment below is reversed, and the following is ruled again through pleading.
[Grounds for the new judgment] Criminal facts and summary of evidence should not be lent to anyone who uses and manages an access medium, such as an electronic card, electronic information equivalent thereto, certificate, password, etc. used in electronic financial transactions, unless otherwise expressly provided for in other Acts.
Nevertheless, the Defendant, at around November 13, 2017, received contact from a person in the name in the name of the Daegu Metropolitan City with the Kakao Stockholm message and consented to such contact, which provides three million won per account, and then, on November 23, 2017, the Defendant entered into the Switzerland account (Account Number C) and the Daegu Bank account (Account Number: H) in the name of the Defendant in the north-gu, Daegu Metropolitan City.