전자금융거래법위반등
The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
The defendant shall be sentenced to one year of imprisonment.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, confiscation, and imprisonment with prison labor for 1 year) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining the judgment below ex officio before the judgment on the grounds for appeal ex officio, and each of the offenses against the defendant in the judgment below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part of the judgment of the judgment of the court of first instance
3. As such, the judgment of the court of first instance regarding the defendant and the prosecutor's allegation of unfair sentencing is reversed under Article 364 (2) of the Criminal Procedure Act without examining the above grounds for ex officio reversal, and the judgment of the court of first instance is reversed, and the judgment of the court below is reversed and it is
【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, each of the choice of punishment for a crime, the selection of punishment, and imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture;
1. Sentencing criteria;
(a) Class I crime (Crime of Fraud in the Case of 2018 Highest 4679) (the scope of recommending punishment) (the scope of recommending punishment), systematic frauds, the basic area (18th 6th 3 years to 100 million won);
B. Type 1 (a less than KRW 100,00) (the scope of recommending punishment) is a special mitigation area (one month to one year).