The remaining parts of the judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant .

1. Summary of grounds for appeal;

(a) The sentence of imprisonment with prison labor for one year, confiscation) of the first instance judgment against the prosecutor accused is too unhued and unjust;

B. The punishment of the second instance judgment against the defendant (6 months of imprisonment) is too unreasonable.

2. We examine ex officio the judgment of the court of first instance, and the prosecutor filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and this court decided to hold a joint hearing of the above two appeals cases. Since each crime of the first and second appeals against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first instance (excluding the part on compensation order among the judgment of the court of first instance) is no longer maintained.

3. If so, the judgment of the court below (excluding the part of the order for compensation among the judgment of the court below No. 2) is reversed ex officio as the above grounds for reversal of each of the above facts, and without further proceeding to decide on the unfair sentencing of the prosecutor and the defendant, the remaining parts of the judgment of the court of first instance except the order for compensation, and the judgment of the court below

Criminal facts

The summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 49(4)1, 6(3)1 (a) of the relevant Act on Electronic Financial Transactions (a transfer of access medium), 347(1), and 32(1) (a) of the respective Criminal Act on criminal facts; Article 355(1) of the respective Criminal Act (a point of aiding and abetting fraud); Article 49(4)4, and Article 6(3)5 (a) (a) of the relevant Act on Electronic Financial Transactions (a point of embezzlement) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 32(2) and Article 55(1)3 of the Criminal Act for aiding and abetting a person to be mitigated (Article 32(2) and Article 55(1)3 of the same Act)

1. The former part of Article 37 of the Criminal Code, and Article 38.