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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.
2. The judgment of the court below is acknowledged that the defendant committed a crime in this case despite the fact that the defendant transferred the means of access for electronic financial transactions. The transfer of the means of access for such electronic financial transactions requires strict punishment due to abuse of other serious crimes and high risk of causing secondary damage. The means of access actually transferred by the defendant has been used for the crime, and the defendant was sentenced to imprisonment with prison labor for robbery, etc. at the Gwangju District Court on September 16, 2010 and was sentenced to two years from September 25, 2012 and committed the crime in this case even during the period of repeated crime upon completion of the execution of the sentence on April 25, 2012. In addition, the defendant committed the crime in this case two times of fines, three times of punishment for the same crime in this case, one time of fines, three times of punishment for the same crime in this case, the defendant escaped and did not faithfully engage in the judgment of this case, and all other sentencing conditions stated in the records and arguments in this case are considered unreasonable, and the prosecutor's assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;