전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The circumstances favorable to the defendant include: (a) the defendant's timing of committing a crime and reflects the defendant; (b) the defendant seems to have no profit acquired in connection with the instant case; and (c) the fact that there are no other criminal records other than fines imposed twice for a
On the other hand, lending of access media is an act that facilitates various crimes, such as tax evasion, Internet gambling, Bosing, etc., and the social harm caused by such a serious crime, and the liability for such crime is less severe.
It is not possible for the defendant to send a physical card, and the defendant would make a transaction of alcoholic beverages with the card to reduce the tax, and instead of using the physical card fee, KRW 3 million for three days.
“Along with the phone with the content of the phone, the phone card and password that is linked to the deposit account was leased. The fact that the lending account alone appears to have been easily expected to have been used in an unlawful tax evasion act. The actual fact that the Defendant’s lending account was used in the Bosing phishing fraud crime, the Defendant’s contact was saved without any particular reason, and the Defendant was not present at the trial date of the trial at the trial at the trial at the court, etc. is disadvantageous to the Defendant.
Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence sentenced by the court below is deemed unfair because it is unfunched.
3. In conclusion, 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 it is again decided as follows after pleading.
【Inasmuch as the facts constituting a crime and the summary of evidence recognized by the court are as stated in the corresponding column of the judgment below, all of them are in its entirety in accordance with Article 369 of the Criminal Procedure Act.