All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized Samsung cellphone test.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months and confiscation, and imprisonment with prison labor for four months) of each lower court’s punishment (e.g., imprisonment with prison labor for a period of four months) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were sentenced to each of the above two appeals cases, and the court of second instance decided to hold concurrent hearings. Since each of the offenses against the defendant in the judgment of the court of first and second instance are concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence under Article 38 (1) of the Criminal Act, the judgment of the court of first and second instance cannot be maintained.

3. Accordingly, 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 the above reasons for reversal of authority, and it is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are identical to the facts of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the purpose of criminal facts, for the selection of punishment (Fraud and conspiracy of criminal conduct in addition to Article 30 of the Criminal Act), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act and for the selection of imprisonment for each type of crime;

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the accused has led to the confession of all of the crimes in this case and reflects his mistake; (b) the accused does not want the punishment of the accused by mutual agreement with the victim of the fraud in the case No. 2018No2895; and (c) the accused has no same criminal history.