The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and the cost of lawsuit) is too unreasonable.

2. Determination

A. The Defendant had the record of being suspended from indictment due to a violation of the Electronic Financial Transactions Act, and the fact that the Defendant was involved in the criminal conduct of Bosing and the nature of the crime is not good is disadvantageous to the Defendant.

B. However, in full view of the following facts: (a) the Defendant made confessions of and reflects against the Defendant’s crime in the first instance trial; (b) there is no history of criminal punishment; and (c) the Defendant agreed to pay 3.5 million won to the victim in the first instance trial; and (d) the Defendant’s age, environment, sexual conduct; (b) motive and background of the instant crime; and (c) circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable.

(c)

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the column for the evidence, the description of each corresponding column of the lower judgment is identical to that of the lower court; (b) thereby, the summary is cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Transactions (a transfer of access media), Article 347 (1) and Article 32 (1) of the Criminal Act (a point of aiding and abetting fraud) regarding criminal facts, and the choice of imprisonment, respectively;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (limited to accessories and aiding and abetting fraud) of the statutory mitigation;

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. Judgment on the grounds for sentencing under Article 62(1) of the Criminal Act;

2. See the part of judgment