전자금융거래법위반
All appeals by the defendant and the prosecutor are dismissed.
1. The reasoning of the appeal is that the lower court’s punishment (3 million won) is too heavy or (3 million won) it is too heavy.
2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.
In a case where there is no change in the conditions of sentencing compared to the original judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.
The circumstances alleged by the Defendant on the grounds of appeal (a confession and rebuttal) and the circumstances alleged by the Prosecutor on the grounds of appeal (such as the need for strict punishment against the transferor of electronic financial transaction access media, and the fact that the access media transferred by the Defendant was actually abused for the singishing fraud) are deemed to have already been considered in the sentencing process of the lower court.
In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.
When comprehensively considering the sentencing conditions, such as the character and conduct of the defendant, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as the defendant gets divorced and raises two children, the economic difficulty therefrom seems to have been the main motive for the crime of this case, and only one time of a fine, etc., as well as the fact that only one criminal record has been committed, the court below’s punishment cannot be deemed to have exceeded the reasonable scope of discretion and be deemed to have been too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.