A defendant shall be punished by imprisonment for six months.

2. According to the records of ex officio determination, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Southern District Court on December 20, 2018, and the judgment became final and conclusive on December 28, 2018, and on February 12, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Busan District Court’s branch office, and on July 17, 2019, and the judgment became final and conclusive.

Since all of the above crimes for which judgment has become final and conclusive and the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crimes of this case shall be sentenced in consideration of equity and equity with all of the above crimes which have become final and conclusive under Article 39(1) of the Criminal Act

The judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.

[C] The main text of the judgment of the court below on the summary of the crime and evidence is as stated in the corresponding column of the judgment of the court below, except that "the defendant was sentenced to imprisonment with prison labor for not less than one year and six months at the Seoul Southern District Court on December 20, 2018 and the judgment became final and conclusive on December 28, 2018, and on February 12, 2019, the defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Busan District Court Western Branch Branch of the Busan District Court on July 17, 2019 and the judgment became final and conclusive on July 17, 2019."

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2, 6 (3) 3 of the Electronic Financial Transactions Act (the point of using means of access, the choice of imprisonment, the choice of imprisonment), and Articles 347 (1) and 32 (1) of the Criminal Act (the point of aiding and abetting fraud and the choice of imprisonment);

1. Article 32(2) and Article 55(1)3 of the Criminal Act (as to the crime of aiding and abetting fraud), which is legally mitigated;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.