사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
The defendant shall obtain by fraud from the applicant 240.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the crime of transfer or takeover of the access media under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act is established by examining ex officio prior to the judgment on the grounds for appeal by the defendant, and the crime of transfer or takeover of the access media under Article 49(4)1 and Article 6(3)1 of the same Act is established by one crime committed by each access medium: Provided, That the act of transfer or takeover of several access media in a lump sum is a case where multiple access media are committed by one act
It is reasonable to interpret (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). Since the defendant can be recognized that he/she has acquired a passbook in G name and cash card, etc. related thereto at once, the defendant can be recognized that he/she has taken over the passbook in G at once, the crime of violation of each of the above electronic financial transactions
I would like to say.
Nevertheless, the lower court erred by omitting judgment on the relation to the receipt of crimes in violation of the Electronic Financial Transactions Act, and thus, the lower judgment was no longer maintained in this respect.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
[Judgment used again] The summary of facts constituting an offense and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except where "DS" to be changed to "EK on the 12th page of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud), Article 49(4)1, Article 6(3)1 of the Electronic Financial Transactions Act (the point of taking over an access medium) and Article 355(1) of the Criminal Act (the point of embezzlement).