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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for one year; the second instance court; the imprisonment for four months; the third instance court; the imprisonment for six months; the fourth instance court; the imprisonment with prison labor for one year; and the fifth instance: the imprisonment for one year; the imprisonment for three months); and the imprisonment for three months); and
2. Prior to the judgment on the grounds for ex officio appeal, this Court filed an appeal against the judgment of the court below, and decided to hold a joint trial by both the above appeal cases. Each of the offenses against each of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained any more on the ground that one of the offenses against each of the court below should be sentenced within the period of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act.
3. Accordingly, the judgment of the court below 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 and it is again decided as follows after pleading.
Criminal facts
The summary of the judgment of the court below and the summary of evidence is the same as the corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 49(4)1 and 6(3)1 (a) of the Act on the Electronic Financial Transactions in question as to the facts constituting an offense, Article 355(1) (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, respectively;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (i.e., crimes of violation of the Electronic Financial Transactions Act due to the transfer of one currency securities and our investment securities access media, between violations of the Act on Electronic Financial Transactions due to the transfer of modern securities and new investment securities access media, and each crime of violation of the Act on Electronic Financial Transactions due to the transfer of foreign currency securities, and new investment securities, each of which is more severe, and each crime of violation of the Act on Electronic Financial Transactions due to the transfer of new investment securities;
1. Selection of each sentence of imprisonment;
1. Aggravation concurrent crimes;