A defendant shall be punished by imprisonment for a term of one year and eight months.

The District Prosecutors' Office of Incheon, No. 1, 5, seized evidence.

A. The sentence imposed by the court below on the defendant (No. 1: imprisonment of 1 year and April, No. 1 and 5, confiscation of evidence No. 2, and imprisonment of 8 months) is too unreasonable.

B. The sentence imposed by the first instance court on the Defendant is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below. Each of the offenses committed by the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed ex officio under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 95-2 subparag. 4 and 84-2(1) of the Telecommunications Business Act, Article 30 of the Criminal Act, Articles 97 subparag. 7 and 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, Articles 95 subparag. 3 and 6(1) of the Telecommunications Business Act, each of the main telecommunications business Act, Articles 95 subparag. 3 and 6(1) of the Telecommunications Business Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Code for forfeiture is the so-called telecommunications-based financial fraud, such as China, is whether it is located in a foreign country.