The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the crime of aiding and abetting fraud among the crimes in this case should have been sentenced to the punishment within the scope of the term of punishment which is necessary to be mitigated from the principal offender’s punishment pursuant to Article 32(2) of the Criminal Act, but the lower court determined the punishment by omitting aiding and abetting mitigation, and in this respect, the lower court failed to maintain it.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the transfer of access media), Article 355(1) of the Criminal Act (the point of each embezzlement), Article 329 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of imprisonment for each sentence

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting by fraud)

1. Of concurrent offenders, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed after the Defendant transferred the means of access, and embezzlement by withdrawing KRW 7.8 million from the damage amount of the Bosing crime deposited into the account, and theft of another person’s identification card and taking part in the mobile communication using it.