A defendant shall be punished by imprisonment for two years.

A. Each punishment sentenced by the lower court (the first instance court: 2 years of imprisonment, and the second instance court’s imprisonment: 3 months) is too unreasonable.

B. The sentence imposed by the second instance court is too unhued and unreasonable.

2. We examine ex officio a judgment on the grounds for appeal by a public prosecutor and the defendant.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and the court decided to jointly examine the above appeal cases.

However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act (excluding the part of dismissal order) without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the following decision is rendered through oral argument.

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. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 49(4)1 of the Electronic Financial Transactions Act; Article 6(3)1 of the Electronic Financial Transactions Act; and Article 6(3)1 of the same Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the fact that the Defendant, with the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, led to the confession of each of the crimes in this case and reflects the mistake, and the fact that it is necessary to consider the case of punishment and equity with the crime for which judgment has become final and conclusive

On the other hand, this is.