A defendant shall be punished by imprisonment for not less than three years and eight months.

A. The punishment of the decision of the first instance trial against the defendant (two years and six months of imprisonment) and the decision of the second appeal against the defendant (one year and two months of imprisonment) are too unreasonable.

(b) The sentence of the first instance judgment on the Defendant by the Prosecutor and the sentence of the second instance judgment on the Defendant by the Prosecutor are deemed to be too uneasible; and

2. Prior to the judgment on the grounds for an ex officio appeal, the defendant and the prosecutor filed an appeal against the judgment of the court below Nos. 1 and 2 and this court decided to hold concurrent hearings by raising an appeal against each of the above appeals cases. Each of the offenses against the defendant as stated in the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, a single punishment shall be adjudicated simultaneously pursuant to Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below against the defendant can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the judgment of the court below as to the unjust assertion of sentencing by the defendant and the prosecutor, on the grounds that the judgment below was reversed ex officio as seen earlier.

Punishment of the crime

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 15-2(1)1 of the Special Act on the Prevention of Damage by Means of Telecommunications Finance and Punishment, and Refund of Damage, Article 30 of the Criminal Act (the provision of information to an information processing device for the purpose of telecommunications financing fraud), Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 347-2(1) and 30 of the Criminal Act, Articles 347-2(1) and 30 of the Criminal Act, Articles 97 subparag. 7 and 30 of the Telecommunications Business Act, Article 30 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.