The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and confiscation) of the lower court against the Defendant is too unreasonable.

2. The social harm of the singishing crime is very serious, and the role of the defendant is indispensable for the singishing crime, and there is a need to strictly punish the defendant.

However, considering the following factors: (a) the Defendant recognized the instant crime and made mistake against the Defendant; (b) the Defendant did not have any record of crime except for the Defendant who was sentenced once to a fine for a double-class crime; and (c) the Defendant appears to have not much substantial profits from each of the instant crimes in violation of the Electronic Financial Transactions Act; and (d) other factors for sentencing indicated in the instant records, such as the Defendant’s age, character and conduct, environment, health conditions, motive for the instant crime, and circumstances after the crime, the lower court’s punishment

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[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 of the court below. Thus, they are cited 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 facts constituting an offense (a point of delivery of access media) and Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (a point of storage of access media);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for a crime of violating the Electronic Financial Transactions Act due to the delivery of two or more means of access at once, and the punishment on a crime of violating the Electronic Financial Transactions Act due to the delivery of a heavier physical card);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;