The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) set by the court below is too unfilled and unreasonable.

2. Although there are favorable circumstances, such as the confession of the Defendant, the arrest immediately after the instant crime, and the detention of two months for the instant crime, the Defendant committed the instant crime during the repeated crime period. In particular, taking into account the following factors: (a) balance between the sentence against the crime of violating the Electronic Financial Transactions Act by which the means of access is transferred; and (b) balance between the sentence against the crime of violating the Electronic Financial Transactions Act by which the means of access is transferred; and (c) other factors revealed in the course of the pleadings, such as the Defendant’s age, character and conduct, circumstances after the commission of the instant crime; and (d) the record of the instant crime,

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again

[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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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