A. Since the Defendant had committed the instant crime under the condition of mental and physical loss or mental weakness due to editing illness, his responsibility should be dismissed or his punishment should be mitigated.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination:

A. According to the records of mental and physical disorder, although the defendant was found to have been diagnosed as a result of editing illness at the time of the crime of this case, in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant was in the state of having no or weak ability to discern things or make decisions at the time of the crime of this case.

Therefore, the defendant's above assertion is without merit.

B. Even when considering the fact that the defendant suffers from editing illness, is a recipient of basic life, and does not seem to have obtained economic benefits from the crime of this case, the crime of this case is not good, since the transferred access media can be used for other crimes with great social harm, such as Bosping, etc., the crime of this case is not committed, the defendant's cke card was used for fraud, the defendant committed the crime of this case during the period of probation, and other conditions of sentencing indicated in the record, such as the defendant's age, sex, environment, circumstance of the crime, circumstance after the crime, etc., it is not recognized that the sentence of the court below is unfair because it is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.