We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 1 year and 2 years of suspended sentence for 4 months) of the lower court is too unreasonable.

2. We examine ex officio determination.

The first and second judgment against the defendant was rendered, and the defendant filed an appeal against it, respectively, and this court decided to hold a joint hearing of each of the above appeals cases.

Each crime of the first and second judgments against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.

3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding parts of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 (Crime of Fraud) of the Criminal Act applicable to the facts constituting an offense, Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (a point of lending an access medium) of the same Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (which shall be between the crimes of violating the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

1. The act of transmitting a medium of access to electronic financial transactions with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes to other persons may cause serious damage to unspecified persons by abusing it as a means of other crimes. The Defendant’s access medium was actually used to commit fraud, and the Bosphishing crime was committed in a planned, systematic, and intelligent manner against many unspecified victims.