Defendant shall be punished by imprisonment for three years.

A. The sentence of the lower court (the first instance judgment: three years of imprisonment, and the second instance judgment: one year of imprisonment) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

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

In regard to the judgment of the court below, the prosecutor filed an appeal against the judgment of the court below against the judgment of the court of first instance, and the two appeals cases were tried by this court. Each of the offenses committed by the judgment of the court below shall be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of the judgment of the court below. The judgment below is reversed, and the following is again decided after pleading.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act for the selection of punishment for the crime (the point of fraud), Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the point of lending access media) and each of the choice of imprisonment;

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

1. Grounds for sentencing under Articles 25 (1), 31 (1), 31 (2), and 33 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The sentencing guidelines set forth in the sentencing guidelines are as follows: (a) the scope of the recommended punishment [the scope of the recommended punishment] organized fraud (less than KRW 100 million) is aggravated (two years to six years) (two years to four years) [the specially aggravated persons] an unspecified or large number of victims, or repeatedly commits a crime during a considerable period of time.