컴퓨터등사용사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (six months of imprisonment) is too unreasonable.
2. On April 5, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Electronic Financial Transactions Act due to the transfer of electronic financial transaction access media. However, the Defendant again committed the instant crime. The instant crime of violation of the Electronic Financial Transactions Act requires strict punishment for the access media transferred for the risk of being used for the commission of financial fraud. In fact, the access media transferred by the Defendant was used for the phishing crime and its risk was realized.
The amount of damage caused by the crime of aiding and abetting the use of the computer of this case is KRW 12,50,000.
On the other hand, the defendant recognized the crime of this case and reflected it.
The defendant deposited 120,050,000 won for the victim of the crime of aiding and abetting the use of computer and others.
There is a child to be supported by the defendant.
In full view of the above circumstances favorable to the defendant and other factors of sentencing, such as the defendant's age, sex, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to 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.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each 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 (a transfer of an access medium), Article 347-2, and Article 32 (1) of the Criminal Act concerning facts constituting an offense (a use of a computer, etc.) of the relevant Act;
1. Articles 40 and 50 of the Criminal Code of Trade and Trade (each. ..).