전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (two months of imprisonment).
2. According to the ex officio records, the defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court on July 17, 2018, and the above judgment became final and conclusive on September 28, 2018.
As above, the crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and in accordance with the first sentence of Article 39 (1) of the Criminal Act, a sentence for the crime of this case shall be imposed by considering the equity in the case where the judgment is to be rendered at the same time in accordance with the first sentence of Article
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following judgment is delivered through pleadings.
[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is recorded in the first head of "criminal facts" of the judgment of the court below, and the judgment was finalized on September 28, 2018, when the defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court on July 17, 2018.
In addition, “1. A previous conviction in the judgment” is added to “a summary of evidence” and “a copy of the judgment” is the same as the corresponding column of the judgment of the court below, except for the addition of “a copy of the instant case (or party members 2018 No. 2690)” in the last part of “a summary of evidence”. As such, it is cited as it is by Article 369 of
Application of Statutes
1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, scambling, etc., and such social harm is serious.