전자금융거래법위반
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
Daejeon District Prosecutors' Office that was seized in 2018.
1. The summary of the grounds for appeal (e.g., a two-year imprisonment and a two-month imprisonment) of the lower court’s punishment (e.g., a one-year imprisonment and a four-month imprisonment) is too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance were examined ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and each of the cases of the judgment of the court of first instance and the judgment of the court of second instance, which the defendant appealed in the trial, became concurrent crimes under the former part of Article 37 of the Criminal Act.
In this case, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the first and the second judgment can no longer be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are as stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (the transfer or acquisition of any access medium) concerning criminal facts, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the lease of access medium);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the between violations of each electronic financial transaction act in the case of 2018 Highest 1410);
1. Selection of each sentence of imprisonment;
1. Of concurrent criminal offenders, the fact that the defendant has committed all of the crimes of this case under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is favorable to the defendant, but there is a need to strictly punish the relevant persons because the social harm of the crimes of Bosing is very serious.