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

Evidence seized by the defendant.

The sentence of the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The criminal liability is considerably heavy in that the Defendant, by transferring his/her physical card, had his/her accomplice withdraw the cash acquired through the crime of Bosing, or having the victim present a forged official document, etc., was involved in serious Bosing crimes.

However, the defendant is the first offender, and his mistake is divided and reflected.

The defendant paid a certain amount of money in the court below and agreed with some of the victims, and this court also paid a certain amount and agreed with all of the victims.

In full view of these circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, the circumstances after the crime was committed, etc., it is judged that the sentence of the court below against the defendant is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense, Articles 347 (1) and 30 of the Criminal Act, Articles 229 and 225 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;