All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The gist of the grounds for appeal is that each of the original judgments (No. 1: imprisonment with prison labor for 6 months, and imprisonment with prison labor for 6 months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the consolidation of each case of the judgment of the court below that appealed by the defendant, the crime of the first trial decision against the defendant and the crime of the second trial decision against the defendant were concurrent crimes under the former part of Article 37 of the Criminal Code.

In such cases, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the court below is no longer maintained.

3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety, and it is so decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment concerning facts constituting an offense (the intention of Section 3, the choice of imprisonment with labor), and Article 347-2 of the Criminal Act (the point of fraud by using computers, etc. and the choice of imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes, such as computer, etc., which is the most severe punishment and criminal punishment) has been punished several times for the same crime, and the crime of this case has been committed again even during the period of repeated crime, even though it is the period of repeated crime.

The defendant did not agree with the victim up to the trial of the party.

However, the Defendant recognized the instant crime and opposed it.

The amount of damage caused by the instant crime is relatively little.

(e).