The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The reasoning for appeal is that the lower court’s punishment (three million won in penalty) is too unreasonable.

2. The transfer of a market access medium is not only destroying the stability and reliability of electronic financial transactions, but also is also a soil that can continuously cause various fraud crimes, such as singishing, etc. by distributing it with the passbook. Therefore, in order to prevent such crimes in our society, the transfer of a market access medium is prohibited by the Electronic Financial Transactions Act.

The Defendant knowingly knowingly transferred a one-day access medium to receive KRW 100,000 per annum for the purpose of tax evasion, and the access medium transferred by the Defendant was used for the singishing crime, causing secondary damage. However, the Defendant did not agree with the victim. However, even if the Defendant recognized all of the instant crimes, it was considerably necessary for the Defendant to arrest several measures for collecting access cards in the name of the Defendant to take over the access medium.

In addition, considering the defendant's age, sex, criminal records, occupation, and economic ability, and all of the sentencing conditions specified in the arguments and records of this case, the sentence of the court below is somewhat inappropriate and thus the defendant's assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[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 stated in each corresponding column of the judgment below, and thus, they are cited 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 and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. We consider various sentencing conditions in the part of the judgment on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order.