All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The summary of the grounds for appeal asserts that the Defendant’s punishment (No. 1 million won: fine of 1 million won: imprisonment of 20 million won with prison labor of 1 year and 2 months) of the judgment of the court below is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. Before determining the grounds for appeal by the defendant and the prosecutor ex officio, this Court decided to concurrently examine each appeal case against the judgment of the court below. As to all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced within the scope of the term of punishment increased by concurrent offenses under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed ex officio, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 329 of the Criminal Act; Article 49(4)1 of the Electronic Financial Transactions Act; Articles 6(3)1 of the Electronic Financial Transactions Act; the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is: (a) the majority of victims of the instant fraud and larceny are the victims; and (b) the amount of damage exceeds 80 million won; and (c) the crime of violating the Electronic Financial Transactions Act is a matter of course where the Defendant received money from a third party and transferred the passbook under his name to a third party.