전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Determination Doing, lending of the means of access needs to be strictly punished because it is often used as means of other crimes, such as gambling, scaming, etc.
The deposit account offered by the defendant was actually used for the showing, causing damage.
However, there is no record that the defendant has been punished for the same crime.
The Defendant recognized the instant crime and divided his mistake.
The defendant was actually engaged in the withdrawal of the Singishing organization or actually acquired by the crime of this case.
The equity between the offense of violation of the Military Service Act and the offense of this case shall also be taken into consideration.
In full view of the motive and circumstances leading up to the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, etc., and the sentencing grounds indicated in the record, the lower court’s punishment is deemed to be too unreasonable.
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.
[C] The facts constituting an offense and the summary of the evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except where “the defendant’s oral statement” is added to the summary of the evidence. As such, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Suspension of execution is set forth in Article 62(1) of the Criminal Act (the foregoing, taking into account favorable circumstances among the elements of sentencing).