전자금융거래법위반
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 2 months, and imprisonment with prison labor for 2 months) by the lower court is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is reversed, and it is again decided as follows
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 2, Article 6 (3) 2 (a means of lending any means of access) of the Electronic Financial Transactions Act concerning facts constituting an offense, and Articles 49 (4) 1, and 6 (3) 1 of the Electronic Financial Transactions Act (a point of transferring or taking over any means of access);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades in violation of each electronic financial transaction by lending any means of access);
1. Selection of each sentence of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, each of the crimes of this case was committed as a recruitment book for the defendant to be used in crimes, such as singing, etc., among the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act. The fact that the above passbook was actually used for singing crimes, and the profits acquired in return for the crime are not substantial.