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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
The seized opon 10 mobile phones.
Reasons
1. Summary of grounds for appeal;
A. The defendant (e.g., imprisonment with prison labor, April, and confiscation) of the court below is too unreasonable.
B. The lower court’s sentence is too unfilled and unfair.
2. The Defendant was punished once by the charge of violating the Electronic Financial Transactions Act and larceny, such as the instant case, and the crime of violating the Electronic Financial Transactions Act was committed by the Defendant by taking part in the delivery and distribution of the means of access in a planned and systematic manner using express bus freight, and it is not good for the Defendant to commit the crime in light of the method of crime and the degree of participation (the Defendant delivered 3 days including the said physical card, but the Defendant was indicted only for a specified portion of the card name and number). The delivery of the means of access in the instant case was an act that facilitates various crimes, such as scaming, illegal gambling, and evasion of tax, and there is a need to strictly regulate the act. The Defendant committed the crime of repeatedly by repeatedly receiving a license fee from a minor, such as theft of property such as packaging and new property inside a vehicle jointly with his/her friendship for a short period other than the crime of violating the Electronic Financial Transactions Act, or aiding and abetting a minor to obtain a license fee for driving a vehicle.
However, when the defendant was in the trial for the first time, all of the confessions including the crimes partially denied in the original trial and reflects the depth of the defendant, there is no criminal record exceeding the fine, the damaged goods of special larceny are relatively minor and recovered and thus returned to the victim. In the original trial, 1.2 million won is paid to the victim of special larceny and the victim does not want the punishment of the defendant, and the case of the crime of unlicensed driving is the case.