전자금융거래법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (in the case of the first instance judgment: imprisonment with prison labor for 6 months and 2 months) of the lower judgment is too unreasonable; and
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
The first and second original judgments were sentenced to each of the defendants, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two cases of appeal. Since each of the crimes against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence under Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained as they are.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through the pleading.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transaction Act (a means of lending access media), Article 347-2 of the Criminal Act, Article 347(1) of the Criminal Act (including fraud and fraud against the victim M) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;
1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against victims M with the largest penalty)
1. Scope of punishment by law: One month to fifteen years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 thief (decision on a thief) (decision on a thief). General property