전자금융거래법위반등
The part on the defendant and the second judgment of the court of first instance shall be reversed.
Two years of imprisonment.
1. The summary of the grounds for appeal (the first instance court: Imprisonment with prison labor for a year and six months, confiscation, and second instance: one year and six months) of the lower court is too unreasonable;
2. Prior to the judgment on the grounds for appeal ex officio, this Court rendered an appeal against the judgment of the court below by the defendant and decided to hold a joint hearing among the above appeal cases. Each of the offenses against the defendant of each court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, a sentence of AS shall be imposed within the scope of the term of punishment imposed for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, the part against the defendant of the judgment of the court of first instance and the second judgment cannot be maintained any more.
3. As such, the part on the defendant in the first judgment and the second judgment of the court of appeal on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, the part on the defendant in the first judgment and the second judgment under Article 364 (2) of the Criminal Procedure Act are reversed, and the second judgment are all reversed, and they are
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence acknowledged by this court are as follows. The summary of the evidence of the first instance court's judgment, except that the court's "part of Defendant B's legal statement" in the "2018 High Court Order 2775" case is "1. The court's trial statement" is the same as the corresponding column of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the delivery and storage of access media and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Each of the crimes of this case in the reason of sentencing under Article 48(1)1 of the Criminal Act, shall be seen to be done by the defendant.