컴퓨터등사용사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
With respect to the sentence of the court below (one year and six months of imprisonment), the defendant asserts that it is too unreasonable for the defendant, and that the prosecutor is too unhued and unfair.
The reasons for appeal shall be considered ex officio before judgment is made.
Each of the facts charged in this case found guilty by the court below is an independent crime, and thus constitutes a violation of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, and a crime of fraud constitutes a substantive concurrent crime under the former part of Article 37 of the Criminal Act.
Nevertheless, the court below committed an unlawful act of omitting aggravated punishment pursuant to the former part of Article 37 and Article 38(1) of the Criminal Act while applying the law of each of the above crimes against the defendant, which affected the judgment.
Therefore, the court below's application of subparagraph 1, other than subparagraph 2, of Article 15-2 of the above Special Act, to the point of the defendant's computer fraud and the violation of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, which are in a mutually competitive relationship with the defendant's computer, seems to be erroneous, and thus, it is recognized in the column of "application of Acts and subordinate statutes" of the new judgment.
The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing by both parties, on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 15-2(1)2 of the Special Act on the Prevention of Damage Caused by Telecommunications and Financial Fraud and Refund of Damage, Article 15-2(1)2 of the same Act, Article 30 of the Criminal Act (the act of inputting information into a data processing device, such as a computer, using another person’s financial transaction information acquired for the purpose of telecommunications financing fraud), Article 347-2 of the Criminal Act, and the Criminal Act.