The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal by the prosecutor (e.g., a fine of KRW 10,00,000) of the lower court (e.g., a fine of KRW 10,00) is too uneas

2. The fact that the Defendant recognized the instant crime is an element of sentencing favorable to the Defendant.

However, in around 2015, there is a record that the defendant has been sentenced to suspension of indictment due to the suspicion of violating the Electronic Financial Transactions Act by the transfer of means of access, and the means of access can be used for several crimes, so there is a need to punish the means of access more heavily, and in fact, the means of access leased by the defendant has been used for the scaming

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable as it is deemed unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The sentence against the defendant shall be determined in consideration of the reasons for sentencing under Article 62(1) of the Criminal Act and the circumstances described in Article 62(2).