We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months.

1. The punishment of each of the original judgment against the accused (No. 1: imprisonment with prison labor for 6 months, and imprisonment with prison labor for 4 months) on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court below in 1 and 2 sentenced the defendant to each of the above judgments, and the defendant filed an appeal against each of the above judgments, and the court decided to consolidate each of the above appeals cases.

However, since each crime of the first and second judgment against the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence shall be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, and in this respect, each of the above judgment below cannot be maintained.

3. In conclusion, each of the judgment below of this case is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing on the grounds of ex officio reversal, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the first and second judgments, and thus, it is acceptable to accept the same in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016); Article 30 of the Criminal Act (amended by Act No. 13929), Articles 347-2 and 32(1) of the Criminal Act (amended by Act No. 347-2); Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016); Articles 347(1) and 32(1)(i) of the Criminal Act (amended by Act No. 1392, Jan. 27, 2016); and (ii) Articles 347(1) and 32(1)(i) of the Criminal Act with respect to each of the types of imprisonment with labor;

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

1. Selection of each sentence of imprisonment;

1. Statutory mitigation;