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

A. The respective sentence of the lower court (the first instance court: two years of imprisonment, and the second instance court: imprisonment with prison labor for six months) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor, the first and second judgment against the Defendant were rendered ex officio, and the Defendant filed an appeal against the lower judgment against the Defendant, and the Prosecutor filed an appeal against the first and the first instance judgment. This court decided to hold concurrent hearings of the above two appeals cases. The Defendant’s respective offenses of the first and second judgment against the Defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act. As such, the lower judgment cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 628(1), Article 622(1) of the Commercial Act (the highest payment), Article 228(1) of the Criminal Act (the false entry of the public electronic record), Articles 229 and 228(1) of the Criminal Act (the fact of the exercise of the public electronic record recorded falsely), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Article 47 subparag. 2 and 26(1) of the National Sports Promotion Act, Article 32(1) of the Criminal Act, Article 49(4)2 and 6(3)3 of the Criminal Act, each of the following subparagraphs: