전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the penalty (5 million won of a fine) imposed by the court below against the defendant is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and
(See Supreme Court Decision 2010Do15253 Decided January 13, 2011, etc.). According to the records, the Defendant was sentenced to ten months of imprisonment with prison labor at the Incheon District Court on November 27, 2014, and the above judgment became final and conclusive on May 8, 2015. Thus, the crime for which the above judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
Criminal facts
In addition to adding "the defendant was sentenced to ten months of imprisonment with prison labor at the Incheon District Court on November 27, 2014 and the judgment became final and conclusive on May 8, 2015" to the first head of the crime in the judgment of the court below, the summary of the crime and the evidence acknowledged by this court is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 46(4)1 of the Electronic Financial Transactions Act and Article 6(3)1 of the same Act concerning criminal facts as well as the selection of punishment, respectively.