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

Seized evidence 30 shall be confiscated.

A. The judgment of the court below (the first judgment of the court below: imprisonment with prison labor and confiscation, and the second judgment of the court of the court of the court below: imprisonment with prison labor and four months) is too unreasonable.

B. The first instance court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The decision is made ex officio prior to the judgment on the grounds for appeal by both parties.

The court of the first and second court's appeal cases against the defendant were consolidated and tried. Since each offense of the first and second court's first and second court's judgment is a concurrent offense under the former part of Article 37 of the Criminal Act, it is necessary to punish the defendant as a single sentence within the term or amount of punishment increased by concurrent crimes pursuant to Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed in its entirety and it is again decided as follows, on the ground of ex officio reversal as seen above.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Articles 347 (1) and 32 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting by fraud)

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

1. As for the reasons for sentencing under Article 48(1)1 of the Criminal Act, the number of means of access collected and kept by the accused has reached 29 and confirmed whether it is possible to use the means of access by making a balance inquiry.