The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. Ex officio determination

A. From around 05:30 to around 06:00 on September 27, 2017, the Defendant released KRW 540,000 via two times by inserting the post office debit card in the name of Q, which was stolen during the cash withdrawal season managed by the victim’s name, from around 05:30 to around 06:00.

Accordingly, the defendant used stolen debit cards.

B. “Unlawful use of credit cards or debit cards” under Article 70(1) of the Act on Specialized Credit Financial Business refers to a case where a stolen, altered, or stolen or lost credit cards or debit cards are used in accordance with the original usage of credit cards or debit cards. Thus, the act of withdrawing a victim’s deposit by inserting a stolen debit card into an automatic cash payment machine and inputting a password, etc. cannot be included in the concept of unlawful use under Article 70(1) of the Act on Specialized Credit Financial Business (see Supreme Court Decision 2003Do3977, Nov. 14, 2003, etc.).

Judgment

According to the records, the post office debit cards of this case concurrently function as a cash card, and the defendant appears to have withdrawn a deposit using the cash card function (the 9th page of evidence record No. 4763, 16th page), and there is no other evidence to prove that cash was withdrawn using the cash service function. Thus, this part of the facts charged should be acquitted as it constitutes a case where there is no proof of crime.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Grounds for another judgment]