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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution, confiscation) is too unfased and unfair.
2. The fact that the defendant recognized the facts charged of this case and reflected in the judgment, and the degree of the defendant's participation in the crime of this case is significant.
Although the defendant's age is not visible, the defendant's age is still poor, and there is no record of criminal punishment, the crime of this case is deemed bad in light of the frequency of the crime and the method of the crime, and the damage is growing, it is necessary to strictly punish the participants in the crime in light of the fact that the method of the crime of Bosing is becoming worse and the damage is growing. The amount of the damage of this case exceeds a total of 180 million won, the defendant did not agree with the victims or take any measures for recovery of damage, the defendant has the history of receiving juvenile protective disposition twice due to the theft crime, and all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., the prosecutor's assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act regarding the pertinent criminal facts and the choice of punishment (a fraudulent point), Articles 347-2 and 30 of the Criminal Act (a point of fraud by computer), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act (a point of fraud by transfer of each access medium).