The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because it is too unfilled.

2. It is recognized that the judgment of the defendant recognized the crime of this case and against it, there is no benefit from the crime of this case, the first offender, the defendant committed the crime of this case in an economically poor situation with old and visually handicapped persons, and the defendant's account transferred was not withdrawn from the damage of the crime of the singishing fraud, but appears to have been refunded to the victim.

However, the crime of this case is less likely to be used for a crime such as Bosing, etc. by leasing a medium of access to electronic financial transactions.

In order to eradicate crimes, such as springing and so on, it is necessary to strictly punish the act of aiding and abetting crimes like the instant crime, and taking into account the following factors: (a) the Defendant’s age, sexual conduct, and circumstances after the commission of the instant crime; and (b) the sentencing conditions indicated in the record and the theory of changes, the lower court’s punishment is deemed as unfair because it is too unfasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows through a new theory of change.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, it shall be quoted 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 former Electronic Financial Transactions Act (Amended by Act No. 13929, Jan. 27, 2016) on criminal facts

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The consideration of the favorable circumstances as referred to in paragraph (2));