여신전문금융업법위반등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and six months, and for two years, respectively.
evidence of seizure.
1. The summary of the reasons for appeal is that each of the types of punishment (Defendant A: three years of imprisonment, and Defendant B’s imprisonment: two years and six months) on the part of the Defendants is too unreasonable.
2. The Defendants’ crime of this case is not only a serious crime threatening the foundation of the credit card transaction order, but also a serious punishment against the Defendants, considering the fact that the Defendants are professional and organized by collecting information on credit cards through the Internet, the role sharing among the Defendants is also organized, the degree of damage is high, and Defendant B committed the instant crime during the period of repeated crime.
However, in full view of the following circumstances: (a) the Defendants were led to the confession of all crimes and the mistake of the Defendants; (b) the Defendants did not seem to have acquired the entire withdrawal amount; (c) the Defendants deposited KRW 8 million in total for the damaged card companies in the appellate court in some parts of the Defendants deposited KRW 4 million; (d) the Defendants did not have any criminal history exceeding the same kind of and fine; and (e) the Defendants did not have any criminal history; and (e) other circumstances indicated in the instant records and arguments, including the Defendants’ age, sexual conduct, career, environment, motive and background of the crimes; and (e) the circumstances after the crimes, etc., the first instance court sentenced the Defendants to each punishment against the Defendants,
3. If so, the Defendants’ appeal is reasonable, and thus, the judgment of the first instance court is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts and evidence against the defendant recognized by the court is identical to each corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 71 subparagraph 6 and 28-2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.