A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. Determination of the Defendant shows the appearance of recognizing and opposing his mistake, and it is recognized that the circumstance is the primary offender who has no criminal record.

However, since the transfer of the means of electronic financial transactions is likely to be abused for other serious crimes, it is necessary to punish it strictly.

In full view of all other circumstances that form the conditions for the sentencing of the instant case, such as the number of the Defendant’s crimes and the number of means of access kept, retained, delivered and distributed, the profits acquired by the crime, the age, character and conduct, the environment of the Defendant, the background and motive leading to the crime, and the circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable

3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

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

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the circumstances in light of the reversal of the above sentence);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;