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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for two years.
In this case.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Ex officio determination
A. On April 27, 2018, around 05:49, the Defendant used a stolen credit card (K card) and AP bank e-mail card by inserting the AO bank e-mail card in the name of AO bank, which was stolen before the Seoul Jongno-gu AS theater located in Jongno-gu, and inserting a password of KRW 5.90,000 in cash, and withdrawing cash by withdrawing cash more than three times, such as Nos. 2 and Nos. 1 through 3 of the List of Offenses 2.
B. “Unlawful use of credit cards or debit cards” under Article 70(1) of the Act on Specialized Credit Financial Business refers to a case where a stolen, altered, or stolen or lost credit cards or debit cards are used in accordance with the original usage of credit cards or debit cards. Thus, the act of withdrawing a victim’s deposit by inserting a stolen debit card into an automatic cash payment machine and inputting a password, etc. cannot be included in the concept of unlawful use under Article 70(1) of the Act on Specialized Credit Financial Business (see Supreme Court Decision 2003Do3977, Nov. 14, 2003, etc.).
Judgment
According to the records, the instant A Q Bank CC and K card are both functions of the cash card, and the Defendant appears to have withdrawn the deposit using the said card’s cash card’s function (Evidence No. 74-45 page), and there is no other evidence to acknowledge that the cash was withdrawn by using the cash service function. Thus, this part of the facts charged should be acquitted as it falls under a case where there is no evidence of a crime.
3. In conclusion, the judgment of the court below is reversed ex officio, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the error of sentencing by the defendant and the prosecutor.