전자금융거래법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.
2. The act of transferring the means of electronic financial transactions on the market is a crime that has a high risk of causing an unspecified number of victims to be recovered by abuse of the means of access in the second other crimes, and its quality is not good, and the means of access transferred by the defendant has caused the occurrence of victims by using the actual fraud, etc. However, the defendant has committed the crime of this case under the circumstances that the defendant led to the confession and rebuttal of the crime of this case, the defendant has committed the crime of this case under the circumstances that there is no record of criminal punishment other than fine of KRW 70,000 due to the violation of the Road Traffic Act, the fact that there is no record of criminal punishment other than fine of KRW 70,000 due to the act of violation of the Road Traffic Act, the fact that the defendant is unable to repeat again, and the fact that the defendant is an ordinary recipient of livelihood benefits, and the fact that the means of access transferred by the defendant has caused the occurrence of victims by the use of the crime of this case in the actual fraud, and the circumstances before and after the crime.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;
1. A fine of 700,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse; 100,000 won per day;
1. Article 59(1) of the Criminal Act: As seen earlier.