The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 shall be confiscated.

1. The sentence sentenced by the first instance court (unfair sentencing) on the summary of the grounds for appeal (the imprisonment of 2 years and 6 months) is too unreasonable.

2. In addition to the circumstances described in the column for the reasons for sentencing of the first instance judgment, considering the Defendant’s confession and reply to the instant crime, the degree of participation and role of the Defendant in the instant crime, and the various sentencing conditions indicated in the records and pleadings, including the amount of damage caused by the instant crime, the above punishment sentenced by the first instance court seems to be too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the corresponding column of facts constituting an offense and summary of evidence of the first instance judgment, except for the addition of “1. Defendant’s oral statement” to the summary of evidence, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act (the point of fraud), Articles 49(4)2 and 6(3)3 (the point of storage of an access medium) of the Electronic Financial Transactions Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;