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 main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. The transfer of the means of access to an electronic financial transaction, which the Defendant committed, is a crime that is abused in another crime and thus is highly likely to cause an unspecified number of victims, and is not good, and the account transferred by the Defendant and the check card bring about a result of causing victims by using it for actual fraud.

However, in full view of the facts that the defendant led to the crime in this case, the Seoul Western District Court 2013 High Court 2013 High Court 5049 (as of October 23, 2013), Seoul Southern District Court 2015No90, Seoul Southern District Court 2015 High Court 2015 High Court 2045 High Court 2042 and 2722 (combined with each other) and the facts that the case was prosecuted and tried together, the equity should be taken into account in the case where the case was tried, and other various sentencing conditions that were shown in the records and arguments, such as the defendant's age and behavior environment, the situation before and after the crime, etc., the sentence against the defendant is somewhat inappropriate.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015);

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

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