전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.
2. The crime of this case not only undermines the reliability of the safety performance of electronic financial transactions, but also has a significant adverse impact on society by abusing the transferred access media to various illegal acts, such as financial fraud.
In fact, the access media that the defendant transferred was used for the crime of telephone financing fraud.
In addition, the defendant has already been punished for the same kind of crime, but there is a high possibility of criticism by again committing the crime of this case.
Considering these circumstances, criminal punishment for the defendant is inevitable.
However, in light of the following circumstances, it is judged appropriate to take measures for the correction of society in order to prevent the defendant from repeating a crime through community service instead of suspending the execution of the sentence only once. Therefore, the punishment imposed by the court below against the defendant is too unreasonable.
0 Defendant 1 has yet to be aged, and Defendant 1 recognized the instant crime and did not repeat again.
It is harding to do so.
0 In order to prevent recidivism of the defendant's family members, the defendant's family members will have an active interest in preventing recidivism.
The defendant also seems to have a clear social relationship, such as entering into a practice contract with an entertainment planner.
0 The crime of this case was committed by the defendant two times who was punished in 2015 before the date of the issuance of a summary order, and the defendant has no record of the crime subject to a suspended sentence or heavier punishment.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the judgment below.