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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In order to obtain a loan, the Defendant merely used a passbook and a e-mail card in the account opened in the name of the Defendant for the use of the passbook and the e-mail card to a person who has failed to obtain the loan, and does not transfer the passbook and the e-mail card.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and a fine of 300,000 won) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal principles, i.e., ① the Defendant sent the passbook and the check to the account holder in the name of the Defendant to obtain a loan from the investigative agency, so there was no plan or promise to receive the above passbook and the check card, and the Defendant stated that there was no different method to receive a return because he had known the personal information of the person who was not the name, ② the Defendant was punished twice on the charge that the Defendant had already transferred the means of access for electronic financial transactions, such as the passbook in the name of the Defendant prior to the instant case. In so doing, it can be recognized that the Defendant transferred the passbook and the check card to the account holder in the name of the Defendant, as shown in the facts charged.
Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of misconception of facts or misunderstanding of legal principles in the judgment below.
B. According to the instant argument and record on the assertion of unfair sentencing, the lower court appears to have made an adequate decision by fully considering the grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.