All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor for eight months against the original judgment of the first instance.

(b) the defendant;

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (the first instance judgment: imprisonment with prison labor for August and the second instance judgment: fine of KRW 2 million) is too unreasonable.

2. According to the judgment on the grounds for appeal by the Defendant’s ex officio prior to the judgment on the grounds for appeal by authority, the records show that the Defendant was sentenced to two years of imprisonment with labor for a violation of the Electronic Financial Transactions Act from the Incheon District Court’s Vice Branch on July 20, 201 to six months, and the judgment was finalized on July 28, 201, and on May 16, 2013, the judgment was finalized on May 24, 2013. In such a case, each of the crimes committed before the judgment on the grounds for appeal by the above imprisonment without labor or heavier punishment becomes final and conclusive and each of the crimes committed before the said judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below that did not determine the punishment after examining whether to reduce or exempt the punishment in consideration of equity and the case at the same time under Article 39(1) of the Criminal Act cannot be maintained.

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 it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is all criminal facts, with the exception that "the defendant was sentenced to two years of suspension of the execution of imprisonment for six months for violating the Electronic Financial Transactions Act in the Incheon District Court's Vice Branch on July 20, 201, and the judgment was finalized on July 28, 201. On May 16, 2013, the Incheon District Court was sentenced to two years of suspension of the execution of imprisonment for six months due to fraud, etc., and the judgment was finalized on May 24, 2013."