Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

A. The punishment of each judgment of the court below against the defendant (the punishment of the court below of first instance: the fine of KRW 7 million, and the fine of KRW 3 million: the court below of second instance) is too unreasonable (the defendant withdraws his assertion of mistake as to the interference with the exercise of rights on the first trial date). (B) The resolution of the second appeal against the defendant by the public prosecutor as to the defendant is too uneasible and unfair.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

The judgment of the court below in the first and second instances was rendered to the defendant, and the defendant and the prosecutor appealed against the judgment of the court of first instance, and the court of second appeal decided to jointly examine the above two appeals cases.

Therefore, each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed in entirety and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's improper assertion of sentencing, and the judgment below is ruled as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment of the court below, except for the addition of “the Defendant’s own trial testimony” to “a summary of evidence” as stated in the second judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 323 of the Criminal Act that prevents exercise of rights, choice of fines, and Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (the violation of the Electronic Financial Transactions Act, the selection of fines, and the selection of fines);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;