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The judgment below
The part against the Defendants is reversed.
Defendant
A and B shall be punished by imprisonment with prison labor for one year, and Defendant G.
Reasons
The summary of the grounds for appeal (unfair sentencing) by Defendant A (one year of imprisonment) is too unreasonable.
Defendant
B The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.
Defendant
G Punishments (4 months of imprisonment, 2 years of probation, observation of protection, community service 120 hours) sentenced by the G court below are too unreasonable.
Before determining the grounds for appeal by the Defendants, the lower court ex officio examined the Defendants’ grounds for appeal, and applied Article 49(4) of the current Act on Electronic Financial Transactions, a statutory penalty of which is imprisonment for not more than five years or a fine not exceeding 30 million won.
However, the facts charged against the Defendants are acts from June 2017 to July 2018, and the statutory penalty under Article 49(4) of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020) at the time was imposed by imprisonment for not more than three years or a fine not exceeding 20 million won. As such, the main text of Article 8 and Article 1(1) of the Criminal Act should apply to the facts charged.
Therefore, the court below erred by applying the law and affected the conclusion of the judgment, and the court below held that the defendants' facts constituting this part of the crime and the remaining facts constitute concurrent crimes under the former part of Article 37
Since a single sentence has been imposed, the part of the judgment of the court below against the Defendants cannot be maintained in its entirety.
Therefore, the part of the judgment of the court below against the defendants is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing, and it is again decided as follows.
[Reasons for the judgment of the court below] The summary of criminal facts and evidence against the defendants recognized by this court falls under the column of the judgment of the court below.