The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below (one year of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Before examining the grounds for appeal of judgment, Article 32(2) of the Criminal Act provides that “The punishment of the accessories shall be mitigated to less than that of the principal offender,” but the lower court cannot be maintained as it did not err by omitting legal mitigation in determining the punishment of the crime of aiding and abetting fraud against the Defendant.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing since the above grounds for reversal on the part of the court below's judgment on the defendant are reasons for reversal of the above authority.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to each corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1), 32(1), and 30 of the Criminal Act regarding criminal facts; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (amended by Presidential Decree No. 20100, Feb. 1, 2013; Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 29, 201; Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 22, 2011; Presidential Decree No. 20135, Feb. 2, 2011; Presidential Decree No. 2020, Feb. 1, 2011).

It is due to the transfer of the means of access to the account of the largest community credit cooperatives.