The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the court below (the fine of KRW 3,00,000) is too unreasonable in light of the gist of the grounds for appeal.

2. Before making a judgment on the grounds for appeal ex officio, the defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act in the Busan District Court Seo branch court on November 14, 2018, and on February 2, 2019, the fact that the judgment became final and conclusive is significant in this court.

The crime of the judgment of the court below against the defendant and the crime of violation of the Act on Promotion of Game Industry, for which the judgment of the court below became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, in accordance with the main sentence of Article 39 (1) of the Criminal Act, the judgment of the court below should be concurrently judged and the equality should be considered and the mitigation or

3. If so, 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 ground of ex officio reversal, and the judgment below is again ruled as follows.

[Dao-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows: The first head of the facts constituting an offense, except for adding "the defendant was sentenced to imprisonment with prison labor for a period of one year on November 14, 2018 with prison labor for a violation of the Game Industry Promotion Act from the Busan District Court Seo branch office, which became final and conclusive on February 2, 2019" to "the judgment became final and conclusive on February 2, 2019," and therefore, it is identical to each corresponding

Application of Statutes

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the defendant sent a physical check and its password connected to a bank account to the party in whose name the defendant is named.