The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment Defendant re-offending the same offense during the period of suspension of execution.

In light of the Defendant’s power and criminal method, the bank account and the Cze Card leased by the Defendant was used for the singishing crime (the amount of damage KRW 5 million) and the Defendant recognized such possibility.

I seem to appear.

Nevertheless, the Defendant, upon deposit of the amount of damage from the phishing crime, transferred some of them (30 million won) to his own other deposit account, thereby acquiring the amount of damage from the phishing.

However, it was agreed that the defendant's mistake is recognized and reflected, and the leased access media is only one, and the victim of Bosing is paid one million won in the first instance.

In addition, considering all the sentencing conditions such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the court below's punishment against the defendant is too unreasonable, and thus accepting the defendant's assertion.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the judgment of the court below is as shown in the corresponding column.

Application of Statutes

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;