The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (three months of imprisonment) is too unreasonable.

2. In the case of lending the means of electronic financial transactions, the means of access can be used as a means of another crime. In fact, the means of access in this case that the Defendant lent was used for the crime of the fraud of the Bophishing criminal organization, the Defendant had the record of being suspended from indictment for the same crime, and the fact that considerable damage to the fraudulent crime has not been recovered is unfavorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant paid 1 million won to some of the victims under the pretext of compensating for damage; (b) there is no record that the Defendant was subject to punishment exceeding the fine; (c) the Defendant led to the confession and reflects in depth of the instant crime; and (d) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (e) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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