The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts only lost a physical card recorded in the facts charged and did not transfer it to another person.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts.

B. The sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant transferred the physical card and password, which is an electronic financial transaction, to a person who is not aware of the name, as stated in the lower judgment.

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

① The foreign exchange bank account in the name of the Defendant was used on two occasions on February 10, 2015 for the crime of false fraud.

② Although the Defendant alleged that the instant physical card was lost, there were no circumstances, such as the Defendant’s defense against the loss of the wall, etc., it is difficult to obtain the Defendant’s defense against the loss of the wall, and there were no other circumstances, such as the loss of other credit cards on the wall.

③ The Defendant alleged that he stated a password in the instant physical card, but did not provide any reasonable explanation on the grounds thereof.

④ Although the Defendant alleged that the instant check was lost and reported on the loss of the bank, there was no reported details on the loss of the check.

B. There are favorable circumstances, such as that the defendant’s decision on the assertion of unfair sentencing is difficult to suffer economic circumstances since age.

However, in light of the fact that the defendant has been punished for the same kind of crime, and that the physical card transferred by the defendant has been used for actual fraud, it is not easy that the quality of the crime is weak, and the defendant denies the crime by an unperfunasible change up to the trial.