The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The Defendant, even though being aware of the use of the means of access in a criminal act, lent the means of access (section 4). In that the means of access leased by the Defendant was used in the criminal act, there is little possibility of criticism, and the fact that the Defendant committed the crime during the period of probation is disadvantageous to the Defendant.

However, the defendant is aware of the occurrence of the fraud damage (the total amount of 36.5 million won) by his own act, and reflects it, while making efforts to recover the damage by depositing the remainder ( approximately KRW 21.5 million) excluding the amount refunded for the victims of the fraud ( approximately KRW 15 million), and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

In full view of the above normal relationship and other circumstances such as the defendant's age, occupation, character and conduct, environment, and circumstances after the crime, the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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 again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (around April 17, 2019, between violations of each Electronic Financial Transaction Act);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.