The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. We examine the judgment of the court below, taking into account the favorable circumstances such as the defendant's age, character and conduct, environment, and circumstances after the crime of this case, the defendant's punishment against the defendant is somewhat unreasonable, in light of the following factors: the defendant's recognition of the crime of this case is against the defendant; there is no means of punishment for the same crime; and the defendant's repayment of damages to the victim AK and agreement was reached smoothly at the trial of the court; and the defendant's age, character and behavior, environment, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act (the point of keeping any means of access) concerning criminal facts, and Articles 347 (1) and 32 (1) of the Criminal Act (the point of using any means of access);

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

1. Selection of each sentence of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting fraud)

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders shall be determined as being the same as the disposition, on the grounds as described in the above paragraph (2) of the same Article;