전자금융거래법위반
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to sentencing in the trial of a political party have already been presented during the oral proceedings of the lower court, and there is no change of circumstances favorable to the sentencing criteria after the sentence of the lower court was rendered.
The circumstances favorable to the defendant include the fact that the defendant seems to be against the defendant while recognizing the crime of this case, that there is no record of punishment for the same crime, and that there is no record of criminal punishment after 2000.
However, the Electronic Financial Transactions Act strictly prohibits the transfer of a means of access used in electronic financing in order to establish a real order in financial transactions based on the real name, and such transfer of a means of access is likely to be used for other crimes such as Bophishing.