We reverse the judgment of the court below.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. In light of the overall circumstances of this case, the sentence (the first judgment: the fine of KRW 1.5 million; the fine of KRW 1.5 million; the second judgment; the fine of KRW 1 million; and the third judgment of the court below: the fine of KRW 5 million) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the court of first, second, and third judgment rendered a judgment of conviction against the defendant after having undergone a separate hearing against the defendant. The defendant appealed both the judgment of the court of first, second, and third judgment. The court decided to hold concurrent hearings against each of the above appeal cases. Each of the offenses against the defendant in the judgment of the court of first, second, and third judgment should be sentenced to a single sentence within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court of first, second, and third judgment cannot be maintained.

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

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the transfer of the means of access to each electronic financial transaction), Articles 231 and 30 of the Criminal Act (the use of the means of access to each electronic financial transaction), Articles 234, 231 and 30 of the Criminal Act (the use of any private document), Articles 34, 347(1) and 30 of the Criminal Act, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes shall apply;