전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the reasons for appeal (for four months of imprisonment and one year of suspended sentence) is too unreasonable.
2. On January 5, 2017, which was following the sentence of the lower judgment, the Defendant was sentenced to imprisonment for one year and six months, a suspended sentence of three years, by committing aiding and abetting a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury to Escape) in the Incheon District Court Branch of the Incheon District Court on January 5, 2017 (Seoul District Court Decision 2016 High Court Decision 2996 Decided January 5, 2017), and the fact that the said judgment became final and conclusive on January 13, 2017 is significant for party members.
Therefore, the crime of the above crime and the crime of the judgment of the court below which became final and conclusive prior to the final and conclusive judgment is in the relation of concurrent crimes after Article 37 of the Criminal Act, and is in the relation of a group of concurrent crimes pursuant to Article 39 (1) of the Criminal Act, and the equality is considered with the case of a concurrent judgment.
3. Thus, 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 on the grounds of the above ex officio reversal, and the judgment below is reversed and it is again decided as follows.
[Grounds] The summary of criminal facts and evidence against the defendant recognized by the court is as follows: (a) on January 5, 2017, the defendant was sentenced to imprisonment with prison labor for one year and six months; (b) a suspended sentence for three years; and (c) on January 13, 2017, the above judgment became final and conclusive on January 13, 2017.
Except for the addition of “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62(1) of the Criminal Act of the suspended execution (the defendant's own.