We reverse the judgment of the court below.

Defendant shall be punished by a fine of 2.5 million won.

A fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was mentally and physically in a state of mental and physical weakness due to the failure of home and economic difficulties at the time of committing the crime of the first instance judgment.

B. The sentence that the court below rendered (the first, second, and second, the first, the second, the second, the second, the second, the second, and the second, the second, the second, the second, and the second, the second, the second, the second, and the second, the second, the second, and the second, the second, the second,

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained.

On the other hand, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, and the above ground for reversal is changed.

3. According to the records of the judgment on the assertion of mental and physical weakness (the first instance judgment), the Defendant committed the instant crime in a state that the Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime.

Therefore, the above argument is not acceptable.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument on the sentencing, 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 recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)1 and Article 6(3) of the Act on the Electronic Financial Transactions and Transactions at issue regarding criminal facts.