전자금융거래법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. In light of the judgment, the court below sentenced the defendant to the above punishment on the ground of the unfavorable circumstances against the defendant stated in the reason for the sentencing.
However, the Defendant made a confession of all of the facts of each of the instant crimes, and actively cooperate in the investigation, such as: (a) making a confession of the facts of each of the instant crimes; and (b) making a confession of
In addition, the equity should be taken into account when a judgment that deemed subsequent to the final judgment is rendered concurrently with a crime of violating the Electronic Financial Transactions Act.
It does not seem that there are many economic benefits derived from the instant crime.
In addition, considering the various sentencing factors indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, and motive for committing the crime, the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
【Discied Judgment】 The summary of the facts constituting a crime and the evidence recognized by the court, and the summary of the evidence, of the judgment of the court below, are as follows: “At present, the court of final appeal is pending in the trial of the court of final appeal.”
7.9 The above judgment was finalized.
"On the other hand, the judgment of the court below is the same as the corresponding column of the judgment of the court below, and this is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 49(4)2 and 6(3)2 (a) of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts; Articles 314(1) and 313 (a) of each Criminal Act concerning criminal facts;
1. Selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes: Selection of imprisonment with prison labor;
1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.