The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of four million won.

The defendant above.

1. The punishment of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) against the accused in the summary of the grounds for appeal is too unreasonable;

The defendant and his defense counsel explicitly withdrawn misunderstanding of facts on the second trial date.

2. In light of other factors such as the Defendant’s age, occupation, character and conduct, environment, and circumstances after committing the instant crime, which were denied by the lower court when the Defendant was the first offender with no criminal records, and the Defendant committed the instant fraud, which was in violation of the depth of the mistake. Moreover, considering the following factors: (a) the background leading up to the participation in the instant crime and the degree of awareness of the instant crime, the Defendant appears to have actively cooperated with the investigation; and (b) the Defendant’s punishment imposed by the lower court is too unreasonable.

3. In conclusion, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.

[Dao-written judgment] The summary of facts constituting an offense and evidence admitted by the court against the defendant and the summary of the evidence is identical to the corresponding part of the judgment of the court below, except for adding "the defendant's trial statement" to "the first instance court statement" as stated in the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 347(1) and 30 (Fraud) of the Criminal Act, Articles 49(4)2 and 6(3)3 (the delivery of the means of access for the purpose of using crimes) of the Electronic Financial Transactions Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;