The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

, however, this shall not apply to the defendant.

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, confiscation) is too unreasonable.

2. The Defendant, as in the instant crime, knowingly known that the means of electronic financial transaction that was acquired was used as a means of fraud at the so-called Bosing organization, received KRW 100,000 per each means of electronic financial transaction and acquired it. The transfer of the means of electronic financial transaction is likely to be abused for other serious crimes, and thus, it is necessary to punish it strictly.

However, the defendant has been living in custody for more than three months in depth and reflected his mistake.

The number of means of access that the defendant took part in the crime and delivered is less than three days after the defendant took part in the crime, and the profits acquired therefrom are relatively small.

The defendant has no record of other crimes except the suspension of indictment.

In addition, considering the motive and circumstance of the instant crime, its contents, circumstances after the instant crime, Defendant’s age, character, conduct and environment, etc., the lower court’s punishment is deemed unreasonable.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is based on its conclusion, and the following judgment is rendered.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in the corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act and Article 30 of the Criminal Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Taking into account the foregoing reasons);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;