1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 300,000 won.

3. The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of appeal by authority, the record reveals that the Defendant was sentenced to imprisonment with prison labor for a period of four years and ten months at the Changwon District Court on February 10, 2016 due to a violation of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, etc., and that the said judgment became final and conclusive on April 25, 2016. As such, the crime of this case committed before the said judgment became final and conclusive is related to a concurrent crime under Article 37 of the Criminal Act, and thus, a punishment for the crime of this case shall be imposed at the same time in consideration of the case where the judgment is to be rendered and equity pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the lower court is impossible to be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is the first head of the crime death room among the reasoning of the judgment below. The judgment of the court below became final and conclusive on April 25, 2016, after being sentenced to imprisonment for a violation of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, etc. at the Changwon District Court on February 10, 2016.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. Each written judgment” to the last head of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, and Articles 72 (1) 1 and 48 (1) of the same Act;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.