국민체육진흥법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
80,113,366 won shall be collected from the defendant.
1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (one year of imprisonment, etc.) is too unreasonable.
2. Before determining the grounds for appeal by the Defendant ex officio, the lower court ex officio examined the facts charged in violation of Article 47(1) and Article 26(1) of the current National Sports Promotion Act, and applied Article 51(3) and (1) of the current National Sports Promotion Act to the charges charged in violation of the National Sports Promotion Act. However, pursuant to Articles 1 and 4 of the Addenda of the above Act (amended by Act No. 111309, Feb. 17, 2012), Article 53 and Article 26(1) of the former National Sports Promotion Act, a corporation at the time of an act, pursuant to Article 1 and 4 of the Addenda of the above Act, shall be applied. Therefore, the lower court erred by misapprehending the legal doctrine as to the punishment for concurrent crimes under the former part of Article 37 of the Criminal Act, and thereby adversely affecting the conclusion of the judgment.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall not be transferred or acquired the means of access for electronic financial transactions in Section 21 in the column of facts constituting an offense set forth in the judgment of the court below, except that no one shall transfer or acquire the means of access for electronic financial transactions.”