The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. As to the decision of the court below on the summary of the reasons for appeal (six months of imprisonment with prison labor), the defendant asserts that the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. As pointed out by the prosecutor, the fact that the nature of the crime is not weak in light of the content of the crime is as pointed out by the prosecutor, but the defendant appears to have the attitude of acknowledging and opposing the crime in the first instance court, the background of the crime, there are some circumstances to be taken into account, the most damaged amount is recovered, the defendant's health is not good, and the defendant's age, sex, behavior, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime, etc. are considered as being too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1), 32(1), and 30 (a) of the Criminal Act regarding the crime; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act (a transfer of an access medium) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Inter-Korean Crimes of Violating the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);