The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Before ex officio determination of the grounds for appeal by the Defendant and the prosecutor, we examine ex officio prior to the determination of the grounds for appeal by the Defendant and the prosecutor. Since the Defendant’s criminal facts for which the lower court found the Defendant guilty, the punishment against the Defendant ought to be mitigated as necessary under Article 32(2) of the Criminal Act in determining the punishment for aiding and abetting fraud.

Nevertheless, the judgment of the court below is erroneous in the omission of legal mitigation under Article 32 (2) of the Criminal Act with respect to the crime of aiding and abetting fraud, so the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 32(1) (a) of the Criminal Act concerning the crime, the choice of punishment (the aiding and abetting fraud, the choice of imprisonment), Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the transfer of accessible media, the choice of imprisonment, etc.);

1. Article 32(2) and Article 55(1)3 of the Criminal Act (limited to accessories and aiding and abetting fraud) of the statutory mitigation;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is divided into and against the Defendant’s mistake. In the case of the crime of aiding and abetting the fraud of this case, the Defendant is leading or actively leading the criminal act of aiding and abetting the fraud of this case.