The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal by the defendant is that the punishment (5 million won of a fine) imposed by the court below is too unreasonable, and the prosecutor's gist of the grounds for appeal is too uneasible and unfair.

2. In light of the following: (a) the crime of violation of the Electronic Financial Transactions Act in this case’s judgment on the grounds of appeal is likely to undermine the stability and reliability of financial transactions; and (b) the social harm is high; and (c) the obstruction of performance of official duties in this case requires strict punishment as an act impeding the legitimate exercise of public authority and undermining the function of the State’s legal order; (b) multiple criminal records, including the past record on which the Defendant was sentenced to a suspended sentence of imprisonment, committed a second offense; and (c) the sentencing conditions indicated in the records, such as the Defendant’s age, character and behavior, environment, details and details leading to each of the instant crimes, and circumstances after the crime, it is deemed unfair that the lower court’s punishment is too uneasible.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act.

(3) In light of the above legal principles, the Defendant’s appeal is without merit, but the Defendant’s appeal is without merit, and the lower court’s appeal is reversed, and it is so decided as per Disposition by the assent of all participating Justices on the bench. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except for a case where “105” under Article 369 of the Criminal Procedure Act is not applicable to the case where “105” under Article 36 of the Criminal Procedure Act.

Application of Statutes

1. The point of lending the means of access under Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts and the selection of punishment;