전자금융거래법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
According to the records, on December 4, 2014, the Defendant was sentenced to imprisonment for a violation of the Act on the Promotion of Game Industry by the Seoul Central District Court for two years of suspension of execution, confiscation, and community service hours on December 12, 2014, and the judgment became final and conclusive on December 12, 2014. On January 30, 2015, the Defendant was sentenced to one year of suspension of the execution of four months of imprisonment for a violation of the Electronic Financial Transactions Act from the Suwon District Court’s Eunpyeong Housing Site Board to the effect that the said judgment was final and conclusive on February 7, 2015.
Therefore, with respect to the crimes of this case which are concurrent crimes under the latter part of Article 37 of the Criminal Act and the crimes of this case for which judgment has become final and conclusive, punishment shall be imposed in consideration of equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
[C] The summary of the facts constituting an offense and evidence recognized by the court of this Court and the summary of the evidence are as follows: "The defendant was sentenced on December 4, 2014 to 2 years of suspension of execution, confiscation, community service, 120 hours on December 12, 2014 due to a violation of the Game Industry Promotion Act at the Seoul Central District Court on December 4, 2014, which became final and conclusive on December 12, 2014; on January 30, 2015, the Suwon District Court sentenced on April 7, 2015 to 1 year of suspension of execution on the ground of a violation of the Electronic Financial Transactions Act; and on February 7, 2015, the said judgment became final and conclusive on February 7, 2015" in the summary column of evidence. "1.