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

Attached Schedules of Seized Articles shall be recorded in the General List of Seized Articles.

2. We examine the judgment. Each of the crimes of this case is recognized that each of the crimes of this case was committed by the Defendant as the withdrawal of the Bosing Fraud and kept a physical card under the name of another person in Chapter 8 for this purpose. The crime of Bosing Fraud is highly likely to cause harm and injury to society as a whole by means of planned and systematic conduct against many unspecified persons and mass production of a number of victims.

However, considering the fact that the defendant is the first offender with no criminal records, all of the crimes of this case are recognized, and is against mistake, and that the defendant paid the victims the full amount of damages in the court below and the court below and the court court held that the O, P, Q does not want punishment against the defendant, and other factors of sentencing as shown in the proceedings of the argument of this case, including the defendant's age, character and conduct, character and environment, motive of the crime, circumstances after the crime, etc., the punishment of the court below is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act, and the choice of imprisonment with prison labor for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act, the confiscation shall be prior to the sentencing.