The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal is too unreasonable that the penalty (1.5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of special larceny at the Incheon District Court on November 29, 2012, and the judgment became final and conclusive on May 21, 2013. As such, the crime of special larceny, etc. and the crime of violation of the Electronic Financial Transaction Act committed by the latter part of Article 37 of the Criminal Act are related to concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this respect, the lower judgment cannot be maintained further.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to a two-year suspended sentence for a crime of special larceny at the Incheon District Court on November 29, 2012, and the judgment became final and conclusive on May 21, 2013," and "the summary of evidence" in the judgment of the court below on May 21, 2013: It is the same as the statement in each corresponding column of the judgment of the court below except for adding "the defendant's statement in the court room" to "the summary of evidence" as stated in the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. The accused under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act, who handles concurrent crimes and is exempted from punishment;