전자금융거래법위반
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
1. The decision of the court below on the summary of the grounds for appeal (one million won of fine) is too unreasonable.
2. In light of the fact that an act of transferring electronic financial transaction access media is not only prejudicial to the safety and reliability of financial transaction, but also can be a means of various other criminal acts, and that the means of access actually transferred by the defendant has been used for other criminal acts, the criminal liability of the defendant is not weak, but it is deemed that the defendant led to the instant crime at the location where it is extremely difficult to economic situation at the time and is difficult to maintain health, and that the defendant's punishment is too unreasonable, considering all other circumstances that are the conditions of sentencing, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the defendant's argument is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015);
1. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59 (1) of the Criminal Act ( normal consideration in favor of the aforementioned paragraph (2));