The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (3 million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

In light of the fact that the crime of violation of the Electronic Financial Transactions Act due to the lending of access media such as the instant case can be used as a means of other crime, the crime is not weak.

The conditions favorable to the defendant shall be as follows:

The defendant is a first offender who has no record of criminal punishment, and is against his depth while making a confession of the crime of this case.

In addition, there is no benefit from the Defendant to commit the instant crime, and there was no reason to consider the motive of the instant crime as it was difficult for North Korean defectors to have economic circumstances.

The number of times the Defendant leased the access media is also limited to one time. In addition, in full view of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive of the crime, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the relevant column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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