The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The lower court’s punishment (five million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the Defendant’s age, occupation, character and conduct, environment, and circumstances after committing the instant crime, the Defendant, other than a disposition of suspending indictment once, committed the instant crime, which was denied by the lower court at the time of the first instance trial with no criminal history, and reflects in depth the mistake, and appears to have resulted in the remaining crimes that are economically difficult, and thus, there seems to exist no benefits gained from the instant crime. Furthermore, considering all of the sentencing conditions indicated in the instant records, such as the Defendant’s age, occupation, character and conduct, environment, and circumstances after committing the instant crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[C] The facts constituting an offense and the summary of the evidence recognized by the court, and the summary of the evidence, are identical to each corresponding column of the judgment of the court below, except for the alteration of the "1. The defendant's partial statement" in the first instance judgment to "1. The defendant's oral statement" in the summary of the evidence, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;