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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by each court below (the first instance court: imprisonment with prison labor for one year, the second instance court: imprisonment with prison labor for one year and six months, and the third instance court: imprisonment with prison labor for one year and one year) is too unreasonable.
(b)the sentence sentenced to the three original instances of the Prosecutor (one year of imprisonment) is too unhued and unreasonable;
2. Each appeal case against the judgment of the court below was joined in the judgment of the court below at its discretion. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to the corresponding column of each judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202; hereinafter “former Electronic Financial Transactions Act”); Articles 49(4)2 and 6(3)3 of the former Electronic Financial Transactions Act (amended by Act No. 49(4) of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202; hereinafter “former Electronic Financial Transactions Act”); Articles 6(1) and 3(3) of the former Act on Real Name Financial Transactions and Confidentiality (amended by Act No. 17297); Articles 347(1) and 32(1)2 of the former Criminal Act (amended by Act No. 4136, Apr. 3, 2007; hereinafter “former Electronic Financial Transactions Act”); and Article 6(3)3(4)3(4) of the former Act on Real Name Financial Transactions and Confidentiality (amended by Act)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty: