The sentence against the accused shall be determined by one year and four months of imprisonment.

(a) The sentence (three million won of a fine) of the first instance judgment by the prosecutor is too unhued and unreasonable.

B. The punishment of Defendant 2 lower court (one year of imprisonment) is too unreasonable.

We examine ex officio the reasons for appeal by the prosecutor and the defendant before determining ex officio.

This Court held two appeals cases against the defendant jointly and tried by the two original judgments, and since the crime in the decision of each original court is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the original judgment cannot be maintained any more.

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

Criminal facts

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

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment) and Article 347 (1) of the Criminal Act (Fraud and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes recognize all of the Defendant’s mistakes, and deposit KRW 3 million for the victims of the first instance judgment, etc., are favorable factors or factors for sentencing, on the other hand, the Defendant committed each of the crimes of this case without being aware of, inter alia, the Defendant committed each of the crimes, the degree of injury to the victims of the injury, and the fraud of the Defendant committed against many unspecified persons on the Internet website is the order of electronic commercial transactions.