The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant, who committed the instant crime, committed a mistake while committing the instant crime; (b) the third degree disabled who is a recipient under the National Basic Living Security Act; and (c) the fact that there is no record of criminal punishment.

However, the court below seems to have determined punishment by fully considering the circumstances favorable to the defendant, and there seems to be no change of circumstances that could differ from the judgment of the court below. In the case of transfer of the means of access by financial institutions such as passbook, cash card, etc. like the crime of this case, there is a need to strictly punish the defendant because the passbook, etc. has been abused in the crime of fraud, etc., and thus, it is necessary to punish the defendant. However, in full view of the fact that the passbook of this case was actually used for the crime of fraud, the defendant committed the crime of this case even though he was subject to a disposition of suspension of indictment due to the same kind of crime, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, character and environment, circumstances before

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(Provided, however, the court below’s application of the laws and regulations to “Article 49(4)1 and Article 6(3) of the Electronic Financial Transactions Act” shall read “each provision of Article 49(4)1 and Article 6(3)1 of the same Act.”