전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence 1 to 3 shall be confiscated.
1. The gist of the grounds for appeal is that the Defendant is too unafford by the lower court’s punishment (a prison term of 10 months and confiscation), and the Prosecutor appealed from the above punishment to the extent that it is too unaffortable and unfair.
2. The judgment appears to have the attitude of recognizing and seriously reflecting the defendant's wrong, and the fact that the defendant does not have the same criminal record is favorable to the defendant.
However, while recognizing that a large number of victims are committing the phishing crimes, the Defendant is in charge of keeping access media by taking part in the crime. In order to eradicate the phishing crimes, the lower court’s punishment is somewhat unreasonable in light of the following: (a) the necessity of a heavy punishment for withdrawal and storage measures; (b) the number of access media in which the Defendant was aware that the Defendant would be used for the crime is up to 14; and (c) even though the Defendant did not appear to have led to the phishing crimes, it cannot be said that the Defendant could not commit the crime without the participation of subordinate staff members such as the Defendant, and thus, it is necessary to strictly punish them.
3. As a result, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
【Grounds for the Judgment of the court which is used again] The summary of facts constituting a crime and evidence recognized by the court is the same as that of the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Electronic Financial Transactions Act by each sequence of crimes in the table of crimes in the holding);
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;