A defendant shall be punished by imprisonment for four months.

2. The act of transferring a passbook, cash card, etc. (hereinafter “means of access”) which is the means of electronic financial transactions to determine is not only impairing the stability and trust of electronic financial transactions, but also providing a means to facilitate various crimes, and the social harm arising therefrom is serious. In this case, even in this case, the means of access transferred by the defendant has actually been used for the scaming crime, and the defendant committed the instant crime during the period of repeated offense due to any identical crime, even though there are two times the records of having been sentenced to fines for the same crime.

However, in full view of all the favorable circumstances, such as the confession of the instant crime, the Defendant’s confession, the number of means of access leased by the Defendant, the fact that the Defendant appears to have not gained actual benefits from the instant crime, the equity in sentencing with similar cases, and other circumstances, including the Defendant’s age, character and conduct, environment, motive of the instant crime, etc., it is deemed that the sentence imposed by the lower court is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in 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. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes;