The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the prosecutor’s appeal (unfair sentencing) is that the crime of this case is committed in light of the following: (a) although the defendant knew that he was to be used for an illegal purpose, it is not good to form a crime of lending the electronic financial transaction access medium; and (b) in light of the fact that the cream card leased by the defendant is actually used as the means of the scaming crime and requires more severe punishment, the sentence of the court below that sentenced to a fine of KRW 2,00,000

2. The crime of this case was committed in return for the promise of KRW 3,00,000 to receive the price from a person in the name of the defendant, and the quality of the crime is not good that the defendant lent the physical card, which is an electronic financial transaction access medium, to the name in the name of the non-person, and notified the password to the non-person. The defendant's access medium is actually used for the singing crime, etc., and there is a significant social disorder due to the fact that the defendant was sentenced to the suspension of indictment by transferring the electronic financial transaction access medium to the non-person in the name of the first police officer on May 2016. In full view of all the conditions of the sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the above assertion is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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