The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

Judgment

It is recognized that the defendant reflects the crime and has no record of punishment for the same kind of crime.

However, the transfer and acquisition of the means of electronic financial transactions not only undermine the stability and reliability of financial transactions, but also can be the means of various other criminal acts, especially phishing fraud crimes which become social issues, or Internet gambling crimes, so it is highly harmful to the society. Among them, it is necessary to strictly punish the transfer and acquisition of the means of electronic financial transactions because there is a very high social harm.

Nevertheless, the Defendant, while working on the so-called sports soil site, can impose money on the means of access to electronic financial transactions to be used in the crime. As such, the Defendant directly contacted F who is aware of the details of the creation of the passbook under the name of the old-age corporation and the place of its use and sold it, and the new passbook was calculated as KRW 1.4 million in the case of the new passbook, KRW 1.2 million in the case of using it once, and transferred it over 22 times to those who need the passbook again. The method of crime is organized, planned, and the frequency of crime is high.

In addition, the head of the Tong, etc. transferred by the defendant is actually used for the crime of Bosing fraud and the crime of operating the sports gambling site, and it is inevitable to sentence punishment due to the result of the crime and the liability for the crime.

On November 1, 2016, F, W, X, which provided a passbook in the name of the Singue-U to the Defendant and the term “U,” respectively, shall be punished by imprisonment with prison labor for not less than three years, two years and six months, and two years, respectively, and the appellate court shall continue to have been appealed by both parties.