The guilty part of the judgment of the court below of first instance and the judgment of the court of second instance are reversed.

Defendant shall be sentenced to two years of imprisonment and fine of three million won.

1. The lower court, as to the judgment of the first instance court, dismissed the public prosecution as to the violation of the Electronic Financial Transactions Act due to the transfer of access media in the name of the corporation D among the 2016 High Order 157 cases, and sentenced the remainder of the facts charged.

However, the defendant and the prosecutor appealed only for the guilty portion of the judgment of the court of first instance on the grounds of unfair sentencing, and did not appeal the dismissed portion of the prosecution.

Therefore, this Court's judgment against the first instance judgment is limited to the guilty part of the first instance judgment, since the defendant and the prosecutor dismissed the public prosecution which did not appeal separately becomes final and conclusive.

2. Summary of reasons for appeal;

A. In light of the fact that the Defendant direction to heavy living, and there are circumstances to consider the circumstances, the Defendant’s profits acquired by each of the instant crimes are insignificant, the Defendant is responsible for his family’s livelihood, and the Defendant is living in good faith without re-offending in the future, etc., the punishment (the judgment of the court below: 1. year of imprisonment and fine of KRW 3 million, and 2. 8 months of imprisonment) imposed by the court below is too unreasonable.

B. In light of the fact that prosecutor (as to the conviction part of the judgment of the court below of first instance) opened a number of accounts and transfers the access medium to the account, and that the access medium was used for the crime of telephone financing fraud, etc., the sentence imposed by the court below is too uneasible and unfair.

3. The Defendant filed an appeal against the guilty part of the judgment of the court of first instance and the judgment of the court of second instance. This court decided to hold a joint hearing of the aforementioned two appeals cases.

However, among the judgment of the court of first instance against the defendant, the guilty part of the judgment of the court of first instance and the judgment of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act.