전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 1 to 3 shall be confiscated, respectively.
1. The sentence of the lower court (two months of imprisonment and of confiscation) is deemed to be too uneased and unreasonable in view of the substance of the grounds for appeal (e.g., singishing) and the harm and injury inflicted on our society.
2. The judgment of the defendant is a domestic first offender, and the period during which the defendant participated in the instant crime is limited to one day, and the number of means of access related to the instant crime is recognized as only three.
However, the crime of this case is the acquisition of the means of access used for the so-called Bosing, and even if the participation period is short and the number of means of access is not much, the defendant's participation in the crime of this case cannot be deemed minor.
The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.
On February 26, 2015, the Defendant entered the Republic of Korea on February 26, 2015, and committed the instant crime on the following day. It seems that the Defendant entered the Republic of Korea for the purpose of committing the instant crime, and the quality of the crime is not less and less severe. According to the records, some of the Defendant participated in the Defendant’s withdrawal of the
In addition, in full view of all the circumstances that serve as the conditions for sentencing, such as Defendant’s age, career, character and conduct, family environment, etc., the lower court’s sentence against Defendant is somewhat uneasible and unreasonable.
3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except where the "receiving" in two pages 5, 9, 13, and 14 of the judgment of the court below is all "acquisition". Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;