전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., 6 months of imprisonment and 2 years of suspended execution) of the lower court is too unreasonable.
2. The Defendant: (a) delivered the e-mail card, the means of access and received the price in accordance with the instructions of the person who has failed to obtain his/her name; (b) the number of the e-mail cards delivered by the Defendant is not so significant that the means of access can be abused for the crime of Bosing with great social harm; and (c) in fact, the e-mail cards and connected accounts are used for the crime of Bosing and are likely to cause considerable property damage. In light of the fact that the above e-mail cards and connected accounts are used for
However, in full view of the evidence submitted by the court below and the written statement of the offender newly submitted at the court below, the Defendant appears to have been aware of the crime in this case since the beginning of the crime and appears not to have committed the crime in this case. Furthermore, the Defendant appeared to have been present at the investigative agency immediately after the crime was committed and actively cooperated in the investigation, and as a result, the former part of the crime in this case was revealed through the provision of the proviso of the Defendant, and there are sufficient circumstances to consider the circumstances.
In addition, in full view of the fact that the Defendant had no criminal power, the amount acquired by the Defendant in return for committing a crime is relatively small, and other various circumstances, which are conditions for sentencing as shown in the records and arguments of this case, the lower court’s punishment is deemed unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is the corresponding column of the judgment below.