The judgment of the court of first instance and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

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

B. The prosecutor (limited to the judgment of the court of first instance)’s punishment is too unhued and unfair.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The judgment of the court of first instance and the judgment of the court of second instance rendered on the defendant each of the above judgment, and the prosecutor filed an appeal against the judgment of the court of first instance, respectively, and this court decided to jointly examine the above two appeals cases.

The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38 (1

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal as above, and further decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to the records of the judgment below's corresponding columns, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 314(1) of the Criminal Act that provides for the choice of a punishment (a point of interference with business, choice of imprisonment), Article 366 of the Criminal Act, Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (a point of lending access media and choice of imprisonment);

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act had the record of having been punished as a crime of interference with business in the past. In particular, on July 19, 2018, the above judgment became final and conclusive after having been sentenced to imprisonment with labor for four months or more as a result of the crime of interference with business in the court.