전자금융거래법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal by the Defendant and the defense counsel (e.g., indubly unfair) did not clearly understand that the Defendant’s mistake is against himself, without any history of criminal punishment, and that the object of the Defendant’s delivery is an electronic financial transaction, such as physical card, and is related to the crime of licensing. In light of the fact that the gains acquired by each of the crimes of this case are merely 50,000 won, and there are family members to support, the lower court’s sentence that sentenced the Defendant for 10 months is too unreasonable.
2. In light of the fact that each of the instant crimes committed on April 13, 2015, from around April 13, 2015 to April 18, 2014, the Defendant delivered physical cards, etc. under another person’s name to the victim and received a certain amount in return for the crime, and the method of crime and the number of means of access transmitted to the victim, etc., the crime is not good, and the telephone financial fraud and the so-called Bosing crime are planned, systematic, intelligent, and in a short period, the Defendant’s share of the act is an essential role in the completion of the Bosing crime, and the degree of participation cannot be deemed to be somewhat weak. In addition, considering the motive and circumstance of each of the instant crimes, the circumstances before and after the commission of each of the instant crimes, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character, conduct, and environment as indicated in the records and arguments, the Defendant’s allegation is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.