전자금융거래법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering that the nature of the instant crime is not significantly good, strict punishment against the Defendant is necessary.
However, considering the fact that the defendant repents his mistake, there is no criminal conviction exceeding the fine, the frequency of the crime is only one time, and the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above argument by the defendant is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Transactions (a transfer of access media), Article 347 (1) and Article 32 (1) of the Criminal Act (a point of aiding and abetting fraud) regarding criminal facts, and the choice of imprisonment, respectively;
1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;