전자금융거래법위반
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant asserts that a prison term of 6 months imposed by the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unhutiled and unfair.
2. We also examine the judgment and prosecutor’s improper claims for sentencing.
The transfer of the electronic financial transaction access media is a crime that is an essential means for the crime that causes serious harm to the society, such as phishing crime, and it is necessary to strictize it in order to eradicate phishing crime. In fact, the account linked to another person's phish card, etc. subject to the crime of this case appears to have been used for phishing crime. The defendant, upon the instructions of the person without his name, withdrawn the money deposited into another person's account and then remitted it to the person without his name. In light of the circumstance of the crime of this case and the specific process of its execution, it appears that the defendant had a considerable degree of intention to use it for the crime of this case. The defendant's withdrawn amount amounts to 6 million won, and the defendant's phish card, etc. was kept in custody, and the period of the defendant's execution of the crime of this case is 6 days or more. The sentencing factor of this case should be taken into account.
However, even if the crime of this case is not a crime such as illegal gambling, it appears that the defendant was not aware of it definitely, and the defendant committed the crime of this case to receive KRW 1,50,000 per day under poor economic circumstances due to health conditions, etc., and the defendant has a large number of criminal records, but most of them are punished by a fine for the crime such as violation of the Act on the Establishment of Local Reserve Forces and the violation of the Road Traffic Act.