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 sentencing of the court below is too inappropriate.

2. Considering the fact that the crime of this case is not good, and that the defendant again committed the crime of this case despite the fact that he had been subject to the twice suspension of indictment for the same crime, strict punishment against the defendant is needed.

However, the court below's punishment against the defendant is too unreasonable in light of the following factors: the defendant is living in prison for a period of approximately two months; the defendant has no record of criminal punishment for the same kind of crime; the defendant has no record of criminal punishment; the defendant has no record of criminal punishment; the sentencing balance with the same kind of crime; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and various conditions of sentencing specified in the arguments in the present case, such as the circumstances after the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49 (4) 2 and the main sentence of Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act;