The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is an unfavorable sentencing factor in the following cases: (a) the means of access for electronic financial transactions has been transferred or taken; (b) not only harm the trust and safety of financial transactions; (c) the means of access transferred by such crime is abused in various criminal acts, such as Bophishing, etc., and thus, there is a very high risk of mass production of unspecified multiple victims; (d) the nature and circumstances of the crime are very bad; (e) the means of access that the defendant acquired or taken over; (e) the amount acquired in return for the transfer is a large amount; (e) the period of the crime of the defendant is a prolonged period; (e) the amount of money deposited and withdrawn using the relevant account is very large;

However, it is a favorable factor for sentencing, such as the fact that the defendant's mistake is recognized, there is no criminal conviction for the defendant, there is no criminal conviction for the suspension of execution, there is no criminal conviction for the defendant, the social ties of the defendant are clear, and the defendant's will want the defendant's wife, and the defendant has contributed 15 million won, which is the most part of the profits he acquired in the appellate court, to the Korean Community Chest of Korea.

In addition, considering the circumstances of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed unreasonable as it is inappropriate. Thus, the Defendant’s assertion is with merit.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of the judgment below, and thus, it is in accordance with Article 369 of the Criminal Procedure Act.