The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant shall be reversed.

Two years of imprisonment.

1. Summary of grounds for appeal;

A. The punishment sentenced by each court below (the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a period of ten months) is too unreasonable.

B. The sentence sentenced to the second instance judgment of the prosecutor (as to the second instance judgment) is too unhued and unreasonable.

2. We examine ex officio prior to determining ex officio the grounds for appeal by the prosecutor and the defendant.

With respect to the judgment of the court below of second instance, the defendant filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of second instance decided to concurrently examine each of the above appeals cases.

However, since the crime of the first and second judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be ruled and sentenced at the same time, the part of the judgment of the court of first and second judgment against the defendant cannot be maintained any more.

3. The conclusion of the judgment of the court below is reversed and the part of the judgment of the court of first and second instance against the defendant in accordance with Article 364(2) of the Criminal Procedure Act is reversed, and it is again decided as follows.

【Grounds for the judgment in its entirety] The summary of facts constituting a crime and evidence against the defendant recognized by this court is cited in accordance with Article 369 of the Criminal Procedure Act, with the exception that the part of the judgment of the court of first instance regarding “from April 2018 to April 2019” as “from April 2019.”

Application of Statutes

1. Article 347(1) of the pertinent Act and Articles 32(1) of the Criminal Act regarding criminal facts as to the choice of punishment (the aiding and abetting fraud, the choice of imprisonment), Articles 95-2 subparag. 2 and 32-4(1)1 of the Telecommunications Business Act, Article 30 of the Criminal Act (the illegal use of mobile communications terminal devices, the choice of imprisonment), Articles 49(4)2 and 6(3) of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202).