The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The crime of this case, even though the Defendant knew that it will be used in the so-called phishing crime, transferred the accessible medium to a person without a name, and aided and abetting the fraud of a person without a name, by receiving the amount of damage from the said phishing crime through the account linked to the relevant medium. In light of such serious social harm of the phishing crime and the circumstances leading up to the instant crime, etc., the nature of the crime is inferior, and the Defendant did not make any effort to recover damage.

The crime of this case also constitutes a repeated offense and is more likely to be subject to criticism.

On the other hand, however, the defendant shows the attitude of opposing the defendant's mistake, and the defendant was involved in the crime of this case as an aiding and abetting offender, and the amount of damage is limited to 6 million won. Considering the above unfavorable or favorable circumstances to the defendant, and other factors of sentencing as shown in the argument of this case such as the defendant's age, sex, environment, and other factors of sentencing, the punishment imposed by the court below against the defendant is unreasonable.

The above assertion by the defendant is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of 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. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under Article 32(2) and Article 55(1)3 of the Criminal Act for mitigation of aiding and abetting are as follows.