The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for the first crime as stated in the judgment of the court below, and the second crime as stated in the judgment of the court below.

Summary of Grounds for Appeal

The punishment sentenced by the court below (the first crime in the original judgment: Imprisonment with prison labor for four months and each crime of the second crime in the decision of the court below: imprisonment with prison labor for six months) is too unreasonable.

2. Although the Defendant had had been punished several times due to the crime of fraud, the Defendant committed each of the instant fraud crimes again.

The instant crime of violation of the Electronic Financial Transactions Act requires strict punishment, as it facilitates various crimes, such as the so-called “phishing” crime.

However, the defendant reflects his mistake in depth through a daily detention for about 80 days.

In the trial of the party, the victims of each of the crimes of this case did not want to be punished against the defendant, and the equity between each of the above crimes and the judgment shall be taken into consideration when the judgment of the defendant is rendered simultaneously.

It seems that there is no benefit to the defendant in relation to the crime of violating the Electronic Financial Transactions Act.

In addition, in full view of the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, each punishment sentenced by the lower court is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the transfer of a means of access) regarding criminal facts and Article 347(1) of each Criminal Act (each point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The Criminal Act dealing with concurrent crimes;