Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

2. In light of the favorable circumstances, the Defendant’s act of transferring the means of access for electronic financial transactions would undermine the security and reliability of electronic financial transactions and may be used as means of other crimes, and thus, it is necessary to strictly punish the Defendant. The Defendant actually used the check card that was transferred by him/her for fraud, the Defendant committed the instant crime without any specific doubt despite the fact that he/she had the record of being subject to the disposition of non-prosecution disposition as to the transfer of the means of access by the same kind of means of access, and the Defendant committed the instant crime again without any specific doubt, and taking into account all the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following judgment is rendered after pleading

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;