전자금융거래법위반등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than five years and six months.
1. The decision of the court below on the gist of the reasons for appeal (six years of imprisonment) is too unreasonable.
2. Prior to the judgment on the defendant's improper argument on the judgment of the court's ex officio due to changes in the indictment, the prosecutor applied for changes in indictment as to the deletion of the account in the name of "AB" in the attached Table No. 3 of the crime inundation No. 3 in the case of "3,970,000 won" from "21,890,000 won", and the judgment of the court below cannot be maintained any more in this respect since the court changed the subject of the judgment by permitting it.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment of the court below is reversed in its entirety, and it is so decided as follows.
[Grounds for the judgment below] The summary of the facts constituting the crime and the evidence stated in the court below's decision that "the sum of 33,970,000 won" was acquired.
“The portion” acquired property benefits of KRW 21,890,000 in total.
In addition to the change to "a list of crimes (2) attached to the judgment of the court of first instance, and the change to (2) a list of crimes attached to the judgment of the court of first instance is the same as each corresponding column of the judgment of the court of first instance, and thus, it shall be 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 Act on Electronic Financial Transactions, Article 30 (a) of the Criminal Act, Article 15-2 subparag. 1 of the Special Act on the Prevention of Damage to Telecommunications Financial Services and the Refund of Damage, Article 30 (a) of the Criminal Act, Article 15-2 subparag. 2 of the Criminal Act, Article 15-2 subparag. 2 of the Special Act on the Prevention of Damage to Telecommunications Financial Services and the Refund of Damage, Article 30 (a) of the Criminal Act, Article 30 (a) of the Criminal Act, Article 347(1) of the Criminal Act, and each subparagraph.