The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A sum of KRW 100,00 shall be collected from the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months, and one hundred thousand won) imposed by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of two years on April 17, 2019 to imprisonment with prison labor for an injury, etc. at the Seoul Central District Court on April 17, 2019, and the above judgment became final and conclusive on May 8, 2019.

Therefore, since each crime of the judgment below against the defendant and the above injury crime of which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity in the case of concurrent judgment pursuant to Article 39 (1) of the Criminal Act, so the judgment of the court below cannot maintain

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

[Along with the reasoning of the judgment of the court below, the summary of the facts constituting a crime and evidence recognized by this court is added to the first head of the judgment of the court below that stated that "the defendant was sentenced to two years of suspended sentence in the month of imprisonment for injury, etc. at the Seoul Central District Court on April 17, 2019, and the above judgment became final and conclusive on May 8, 2019," and that "the defendant's court statement (which was made on the first and second trial date)" in paragraph 15 of the judgment of the court below is identical to the corresponding part of the judgment of the court below, except that "the defendant's court statement (which was made on the first and second trial date) is "the defendant's trial and court statement" in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts, each of the choice of punishment, and Article 49(4)2 of the same Act, Article 30 of the Criminal Act (the lending and distribution of means of access to a price promise, and the choice of imprisonment);