A defendant shall be punished by imprisonment for seven months.

2. In full view of the following circumstances: (a) the Defendant agreed with the victim when the Defendant was in a trial; and (b) the confession of the instant crime; and (c) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated 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. Relevant legal provisions concerning criminal facts, Articles 347(1) and 32(1) of the Criminal Act regarding the choice of punishment (a fraudulent aiding), Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (a means of access to which payment is promised) and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (a means of access known to be used for each crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating the Electronic Financial Transactions Act due to the delivery of a means of access);

1. Selection of each sentence of imprisonment;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (as to the crime of aiding and abetting fraud), which is legally mitigated;

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