All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and eight months.

No. 5 through 11 of seized evidence.

1. Summary of grounds for appeal;

(a) The prosecutor’s sentence (the first instance court: imprisonment of two years, confiscation, return of victims, and second instance: imprisonment of eight months) of the lower court is too unfilled and unreasonable;

B. The lower court’s punishment is too unreasonable.

2. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment 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 of the Criminal Act applicable to the facts constituting an offense (referring to the fraud, including the fraud and the victim), Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act (referring to the storage of an access medium), Articles 347-2 and 30 of the Criminal Act (referring to the fraud by using a computer, etc.);

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Type 2 (at least KRW 100, less than KRW 500, less than KRW 500,00) shall be the organized fraud, such as fraud and computer-based fraud.