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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence (200,000 won) is too unreasonable.
B. The Prosecutor’s above sentence is too uneasible and unreasonable.
2. In the case of an ex officio determination prosecutor, “Article 49(4)1, Article 6(3)1, and Article 6(3)1 of the Electronic Financial Transactions Act” is changed to “Article 49(4)2, Article 6(3)2, and Article 6(3)2, and Article 6(3)2 of the Electronic Financial Transactions Act,” and the first action in the facts charged should not be transferred to another person.
“A person shall not lend any access medium while demanding, demanding, or promising the consideration.”
“Ro.” At the last place, the transfer was made.
“ .......”
“Application for Amendments to Bill of Indictment was filed,” and since this Court permitted it, the judgment of the court below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
【Grounds for the judgment to be used again】 No person shall lend an access medium while demanding, demanding or promising compensation in using or managing an access medium for criminal facts.
On October 18, 2016, at around 15:00, the Defendant listened to the phrase that he grants 402,000,000 won to a person in the name in the name in front of the Peacedong-dong-gu, Yansan-si, the Defendant lent the cash card, which is an access medium connected to the new bank account (C) in the name in the name in the name of the Defendant, and the post office account (D, E).
Summary of Evidence
1. The defendant's oral statement in court;
1. A written statement;
1. Application of Acts and subordinate statutes to photograph the details of transactions, and the contents of text messages received through the public offering of passbooks;
1. The Act on the Electronic Financial Transactions in which the facts constituting the crime are applicable; and