전자금융거래법위반
The judgment of the court below is reversed.
Punishment against the Defendants shall be prescribed by six months of imprisonment.
1. The summary of the grounds for appeal (eight months of imprisonment) of the lower court is too unreasonable.
2. The crime of this case is deemed to be detrimental to the trust and safety of financial transactions by transferring the means of access for electronic financial transactions, and is not good in the nature of the crime, and the number of the facebook transferred by the Defendants is not a few, and the fact that such facebook is used for a crime is likely to have been known. Defendant B has the records of punishment for the same crime, and is disadvantageous to the Defendant B.
However, in full view of the favorable circumstances, including the fact that the Defendants are divided into and against their mistakes, the appellate court has contributed to the sum of KRW 15 million in the proceeds acquired from the instant crime, the fact that there is no record of punishment for the same kind of crime, and the Defendant A has no record of criminal punishment, and all of the sentencing conditions in the instant case, such as the Defendants’ age, character and conduct, environment, the circumstances and result of the instant crime, etc., the lower court’s punishment is somewhat unreasonable, and therefore, the Defendants’ above assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is again decided as follows.
Criminal facts
The summary of the facts charged against the Defendants and the summary of the evidence recognized by this court is the same as that of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); the Defendants’ choice of punishment for criminal facts; and the choice of imprisonment with labor
1. Defendants who aggravated concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act