Defendant shall be punished by a fine of three million won.

The defendant does not pay the above fine.

2. The crime of transfer of the means of access, such as the instant case, is likely to cause secondary damage by abusing it for other serious crimes, such as ensuring the stability and reliability of electronic financial transactions, and scaming, etc., and in fact, the Defendant’s account was used to commit the scaming fraud. However, there are unfavorable circumstances, such as the fact that the Defendant recognized the instant facts charged, the Defendant did not have any record of criminal punishment other than twice the record of the disposition of the suspension of indictment, the Defendant appears to have no profit acquired from the instant crime, and the Defendant deposited KRW 70,000,00 which is a substantial amount of damage for the victim of the scaming fraud at the trial, and taking into account all the sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment is too too unreasonable. Thus, the Defendant’s assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;