전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 5,00,000) is too unreasonable.
2. In light of the fact that the act of mediating the transfer of the means of access, such as the instant crime, is likely to abuse the means of access transferred to another serious crime, thereby causing secondary damage, and thus, it is necessary to strictly punish such act.
However, in full view of the fact that the defendant is old and healthy, the fact that the defendant is economically difficult, the fact that there is no record of punishment for the same kind of crime, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime, the sentence of the court below against the defendant seems to be somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.