The judgment of the court below of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The lower court’s punishment (the first instance court’s punishment: 3 years of imprisonment, confiscation, and 2 million won) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and the court decided to concurrently deliberate on the appeal against the judgment of the court below. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. As such, the part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance excluding a compensation order pointing out the above reasons for ex officio reversal, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and prosecutor

Summary of Evidence

The summary of the facts constituting the crime recognized by this court and the evidence related thereto are as shown in each corresponding column of the judgment of the court below, and therefore, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act for the relevant criminal facts (the purpose of fraud, Article 30 of the Criminal Act in relation to each crime of fraud listed on the annexed list of crimes attached to the judgment of the court of first instance), Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act, Articles 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of injury), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.