The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 9 (50,000 won per 17).

1. The main point of the grounds for appeal is that the punishment imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, Article 333(1) of the Criminal Procedure Act provides that the stolen property seized and the reason for return to the victim is clear shall be returned to the victim by judgment. According to the records of this case, each of the items listed in No. 9 [No. 9(50,000 won) and No. 10 [No. 10,000 won] per annum (No. 10,000 won per annum)] and No. 10 per annum (No. 10,000 won per annum 3]

Since it is clear that the above victim M was the stolen crime committed against the victim as stated in paragraph (1) and the reason for return is to be made to the above victim, the court below committed an omission in the sentence of return to the above victim pursuant to Article 333(1) of the Criminal Procedure Act as long as the above seized articles have not been provisionally returned, and such illegality has influenced the conclusion of the judgment, so the judgment of the court below is no longer maintained in this regard.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “the defendant’s oral statement” to “the summary of evidence” as stated in the reasoning of the judgment of the court below, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act for the relevant criminal facts, and Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act for each type of crime (the storage of access media);

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

1. Selection of each sentence of imprisonment;