전자금융거래법위반
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of KRW 10,000,000.
3. The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (7 million won) on the Defendant is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.
2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.
It is recognized that the defendant recognized the crime of this case and reflected, that the defendant seems to have no profit from the crime of this case, and that the defendant has no record of punishment for the same crime.
However, since the crime of lending the access media like the instant case can be abused for the crime of Bosing, etc., it is highly harmful to society in that the leased media can be used for the crime of using the access media. The Defendant’s leased media actually used for the crime of using Bosing and causing fraud of KRW 10.8 million. The victim did not receive any damage, and the Defendant committed the instant crime during the period of suspension of execution.
In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unfeasible and unfair.
Therefore, the defendant's improper argument of sentencing is without merit, and the prosecutor's improper argument of sentencing is with merit.
3. In conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows ( insofar as the prosecutor’s appeal is reversed on the grounds of its reasoning, and the judgment below is reversed on the grounds of its reasoning, the defendant’s appeal shall not be dismissed in separate order). The summary of facts constituting an offense and evidence acknowledged by the court is the same as that of each corresponding column of the judgment below, and thus, it is cited as it is in accordance with
Application of Statutes
1. Article 49 of the relevant Act on Criminal Facts and Article 49 of the Electronic Financial Transactions Act on the Selection of Punishment