Text
[Defendant A] All of the judgment below is reversed.
Defendant
A shall be punished by imprisonment for a term of two years and two months.
seizure.
Reasons
1. Summary of grounds for appeal;
A. The punishment (two years of imprisonment and confiscation for Defendant A, two years and two months of imprisonment and confiscation for Defendant B) of the first instance court’s judgment (the prosecutor and the Defendants, both of whom are on the grounds of unreasonable sentencing) is too minor or unreasonable.
B. The judgment of the court below 1) misunderstanding of facts (the defendant B) and the defendant B sold the means of access, such as the physical card, to the party who was in violation of the name, and did not know that the person who was in violation of the name was guilty of committing the phishing, the judgment of the court below 2 which convicted the defendant B was erroneous in misunderstanding of facts (the judgment of the court below 2) and the judgment of the court below 2 (the defendant 6 months of imprisonment with respect to each of the defendants).
2. Judgment on Defendant A
A. Prior to the judgment on the ex officio judgment prosecutor and the grounds for appeal by Defendant A, this Court tried by combining the appeal cases by the judgment of the court of first instance and the appeal cases by the judgment of the court of second instance. Each of the offenses by the judgment of the court of second instance against Defendant A is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the parts against Defendant A in the judgment of the court of first instance
B. Accordingly, the part of the judgment of the court below against Defendant A among the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's and Defendant A's assertion of unfair sentencing, and the part against Defendant A among the judgment of the court below is reversed and it is again decided as follows after hearing.
[C] The summary of the facts charged and the evidence admitted by the court is not recognized as a conspiracy relationship with the defendant B, as shown after the facts charged in the judgment of the court of second instance.