The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Samsung Tallon ju (Evidence No. 1), C.

1. The decision of the court below against the summary of the grounds for appeal (a three-year imprisonment, etc.) is too unreasonable.

2. In full view of all the sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, occupation, sex, family relation, motive and consequence of the crime, etc., the lower court’s punishment against the Defendant is deemed unfair due to the absence of circumstances.

D. Unfavorable circumstances: A crime involving Bosing is a crime involving massing of many unspecified victims on a systematic basis by sharing a large number of people, with great social harm; damage amounting to KRW 140,000,00,000; and damage recovery has not been properly performed in addition to the amount that has been suspended from payment; and the circumstances favorable to the receipt of part of the profit from the instant crime: A person responsible for taking the role of taking the part of the profit from the instant crime: A person responsible for taking the part of the profit from the instant crime, but the Defendant took the leading role in planning and implementation of the crime

It is difficult to see the crime of this case, the fact that the crime of this case is recognized and reflected, the fact that there is no record of crime as well as the punishment twice as a fine for an independent crime, and the balance of both punishments in the same case.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347-2 and 30 of the Criminal Act applicable to the facts constituting an offense; Articles 347(1) and 30 of the Criminal Act; Articles 49(4)2 and 6(3)3 and 30 of the Act on Electronic Financial Transactions (a point of storage of access media) of the same Act;

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

1. Selection of penalty;