전자금융거래법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unreasonable.
2. The transfer, acquisition, lending, etc. of the means of access for electronic financial transactions need to be strictly punished as means of other crimes, such as singing, etc. In fact, in this case, the means of access for electronic financial transactions lent by the Defendant seems to have been used as means of singing.
However, the Defendant appeared not only to cooperate with the investigation by recognizing the instant crime but also to repent of his mistake.
It seems that the defendant did not actually receive the cost of the means of access for electronic financial transactions from the person who has not been named.
The defendant has no history of criminal punishment.
It seems that the economic situation of the defendant is not good.
In addition, in full view of the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and background of the crime, method and result of the crime, etc., the sentence imposed by the court below is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
【Reason used in multi-level judgment】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;
1. A fine of three million won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;
1. The Criminal Act of suspended sentence;