사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence subparagraph 9 shall be confiscated.
1. Summary of the grounds for appeal: Sentencing (the original court shall be punished by imprisonment with prison labor for not less than two years and six months, and confiscation);
2. An ex officio determination prosecutor filed a claim for the application of Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act to the facts charged in the custody of the means of access, and the lower court recognized that the act of acquiring and taking over the means of access was a violation of Articles 49(4)1 and 6(3)1 of the same Act while applying the relevant Acts and subordinate statutes even if all of the facts charged are recognized. Therefore, the lower court’s judgment cannot be maintained as it erred in the misapprehension of the principle of
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act for the relevant criminal facts, and Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act for each type of crime (the storage of access media);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (with regard to the violation of each Electronic Financial Transactions Act (related to the number of crimes No. 5-7 and No. 9-15)
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the so-called “scaming crime” among the instant crimes is an organized crime in which many and unspecified persons share their roles in a planned and organized manner, and its seriousness is significant, and the role of the Defendant’s “scam” or “scambling” is essential for the realization of criminal profits, and thus, the responsibility is somewhat weak.
shall not be required to do so.
(b).