All the judgment below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Seized evidence 1 to 6 shall be confiscated.

1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for not less than one year and six months and confiscation, and the second judgment: imprisonment with prison labor for not more than four months) is too unreasonable; and

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The court of the first and second court's appeal cases against the defendant were consolidated and tried. Since each offense of the first and second court's first and second court's judgment is a concurrent offense under the former part of Article 37 of the Criminal Act, it is necessary to punish the defendant as a single sentence within the term or amount of punishment increased by concurrent crimes pursuant to Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed in its entirety, and the following is again decided after pleading, on the grounds for reversal ex officio as seen above.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 232 and 30 of the Criminal Act, Articles 234, 232, and 30 of the Criminal Act, Articles 49(4)2, 6(3)3, and 30 of the Electronic Financial Transactions Act concerning criminal facts, Articles 49(4)2, 6(3)3, and 30 of the same Act, Articles 49(4)2 and 6(3)2 of the same Act concerning criminal facts (the delivery of means of access for the purpose of crime), Articles 234, 231, and 30 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is for violation of the Electronic Financial Transactions Act, and fraud.