전자금융거래법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal by the defendant and the prosecutor is that the defendant is unreasonable because the defendant's punishment (a fine of three million won) of the court below is too unreasonable, and the prosecutor is rather unreasonable because the above punishment is too uneasible.
2. If the Defendant had multiple criminal records, and the instant crime was committed during the period of repeated crime, and as a result, the Defendant’s physical card, etc. was used for the crime of Bophishing, the lower court’s punishment is not easy.
3. However, in full view of the following circumstances: (a) the Defendant did not know at the time of the transfer of the Cze Card to the circumstances that the Cze Card was used for the phishing crime; (b) reported theft immediately; (c) the Defendant did not have any profit gained by the Defendant from the instant crime; and (d) the Defendant did not have any same criminal record; and (c) the Defendant took into account the motive for the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age, character and conduct; (e) the Defendant’s age, character, environment; (e) family relationship; (e) economic situation; and (e) the mental health condition (e) the lower court’s punishment exceeded the discretion on the sentencing.
4. Therefore, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.