The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (the 500,000 won suspended sentence) against the Defendant as to the summary of the grounds for appeal is unreasonable.

2. Unless otherwise provided in the judgment law, the transfer of the means of electronic financial transactions is prohibited, and since the transferred means of access is highly likely to cause secondary damage because it is used for other serious crimes, it is in need of strict punishment. In fact, the Defendant’s account is used for the so-called “Singing” crime and causes damage to the Defendant, and the Defendant did not have a serious reflect on the instant crime on the ground that “the Defendant was unaware that the means of access transferred by the Defendant was illegally used,” and other factors such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime are considered, the lower court’s punishment is deemed unfair even if considering the circumstances that the Defendant was the initial offender.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;