The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (the three years of imprisonment for a term of eight months suspended, probation, 40 hours of probation, 120 hours of community service work) declared by the lower court is deemed to be too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, according to the records, the defendant was sentenced to imprisonment with prison labor for one year and two months at the Busan District Court on August 20, 2018 and the above judgment became final and conclusive on December 19, 2018. The crime against the defendant in the judgment of the court below is in a concurrent relationship with the above crime of aiding and abetting fraud for which judgment became final and the latter part of Article 37 of the Criminal Act, and is in a concurrent relationship with the above crime of aiding and abetting fraud for which judgment was made at the same time under Article 39(1) of the Criminal Act, and thus, the judgment of the court below is no longer

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows.

[C] The summary of the facts constituting a crime and evidence recognized by this court is as follows. The first head of the judgment of the court below added "the defendant was sentenced to one year and two months of imprisonment with prison labor at the Busan District Court on August 20, 2018 for the crime of aiding and abetting fraud, etc. and confirmed on December 19, 2018," and the summary of the evidence was added "1...................................................................., the defendant added "an investigation report (as a suspect'

Application of Statutes

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts; Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (the lending of a means of access to a price promise); Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the lending of a means of access to a means of crime) and the Criminal Act.