전자금융거래법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
AE (F) Card No. 1 (No. 6), AF (F) card.
1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.
2. Before making a judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment of the attached Form 11 of the judgment of the court below to the annexed list of crimes among the facts charged in the case of the 2019 Highest859 against the defendant at the trial of the court, and the prosecutor applied for changes in the indictment of the attached Table 11 of the judgment of the court below to the annexed list of crimes. Since this court permitted this, the judgment of the court below is no longer maintained
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the description in the corresponding column of the judgment of the court below, except for the case where the list of offenses No. 11 of the judgment of the court below is changed to the list of offenses in attached Form No. 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; Article 30 of the Criminal Act (a point of lending, keeping, delivering, or distributing access media); Articles 347 (1) and 30 of the Criminal Act; Articles 231, 234, and 30 of the Criminal Act concerning criminal facts; and Articles 231, 234, and 30 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment specified for the crime of uttering of a falsified investigative document concerning the details of the transactions forged under the name of a criminal defendant with heavy criminal history and between the crimes of uttering of a falsified investigative document shall be imposed);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Legal provisions;