The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

seizure from the defendant.

1. The lower court rendered a judgment of conviction on a crime of fraud, such as computer, among the facts charged in the instant case, and rendered a judgment of acquittal on a violation of the former Financial Transactions Act.

Since the Defendant appealed from the judgment of the court below on the ground of the illegality of sentencing, the judgment of the above acquittal that the Defendant did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment, confiscation) is too unreasonable.

3. It is recognized that the Defendant involved in the phishing crime, thereby causing damage to a large number of victims.

However, in full view of the various circumstances, such as the fact that the defendant confessions and reflects at the trial of the party, that the damage was not realized because some damage was not withdrawn due to suspension of payment, and that only the defendant was punished by a fine, etc., the punishment imposed by the court below is unreasonable.

4. As such, the defendant's appeal is reasonable, and the guilty part of the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence acknowledged by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below, except for the addition of “the Defendant’s oral statement at the trial of the court of first instance” to the summary of evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347-2 and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and Articles 347-2 and 30 of the Criminal Act, the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the same Act aggravated for concurrent crimes subject to punishment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;