The part concerning the crime No. 2 of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (No. 1: imprisonment with prison labor for 2 years of suspended execution with prison labor for the crimes set forth in the judgment of the court of first instance, 2 years of suspended execution with prison labor for the crimes set forth in the judgment of the court of first instance, and that of 2 months of

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold a joint hearing with each of the above two appeals cases. The part concerning the crime No. 2 in the judgment of the court of first instance against the defendant and the part concerning the crime No. 2 in the judgment of the court of first instance in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 in the judgment of the court of first instance, and one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Therefore, in this respect, the part concerning the crime No. 2 in the judgment of the court of

B. Of the judgment of the court below of first instance, the Defendant appears to have committed an act against himself/herself when determining the illegality of sentencing regarding the part concerning the crime No. 1 of the judgment of the court below, and there is no history of criminal punishment prior to the crime.

In addition, this part of the crime should take into account the equality between the crime of violation of the law of financial business specializing in credit which was decided on May 8, 2003 and the crime of concurrent crimes of the latter part of Article 37 of the so-called Criminal Code.

However, the crime of this part is not committed in light of the content, duration, and frequency of the crime, the size of financing financed by the Defendant for 4.10 billion won in total by means of lending the remaining amount after deducting certain fees from the credit card holders by pretending to sell the actual goods or sell the goods without providing services for a long period of one year.

The above circumstances and the circumstances favorable to the defendant, the circumstances after the crime, and the age of the defendant.