전자금융거래법위반
All appeals by the defendant and prosecutor are dismissed.
In light of the main points of the grounds for appeal (unfair form of punishment) that the Defendant recognized the mistake of the defense counsel, and that the Defendant committed the instant crime while taking full responsibility of the living expenses of the mother who is not healthy and the head of the Gun and experienced economic difficulties, the Defendant committed the instant crime, and did not properly recognize the fact that the Defendant may incur a decent victim due to his own crime, and did not obtain any benefit, and that the Defendant did not have any history of criminal punishment, the lower court’s sentence that sentenced KRW 3,00,000 is too unreasonable.
In light of the fact that the check card transferred by the Defendant was actually used for a telephone financial fraud crime, etc., the lower court’s sentence is too uneasible and unreasonable.
Judgment
The crime of this case is committed by the defendant who is paid 2.5 million won per physical card and transferred 2.5 million won per electronic financial transaction. It is not good that the crime of this case is committed. This is not only prejudicial to the trust and safety of financial transactions, but also can be used for various criminal acts. The means of access transferred by the defendant is actually used for telephone financial fraud, the means of access has been used for the crime of this case. Meanwhile, the defendant's mistake is recognized and reflects the fact that the defendant has committed the crime of this case while living together with his mother who is not good health, has suffered economic difficulties, and there has been no profit acquired by the crime, the defendant has no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, motive and circumstance of the environmental crime, and circumstances after the crime, etc., it is recognized that the punishment of the court below is reasonable.