All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

The sentence sentenced to the defendant (the first instance court: imprisonment with prison labor for three years, and the second instance: imprisonment with prison labor for six months) of the summary of the grounds for appeal is too unreasonable.

This Court decided to hold a joint hearing of each appeal case against the judgment of the court below.

Each of the crimes committed by the first and second judges guilty and sentenced to the punishment is concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the judgment of the court below cannot avoid the reversal of the whole judgment, since the punishment is to be determined again pursuant to Article 38(1) of the Criminal Act.

In conclusion, 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 for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by this court and the summary of its evidence are as follows: (a) in the judgment of the court of first instance, the phrase “a person who has been sentenced to three years of imprisonment for the same crime, etc. at the District Court of the Republic of Korea on June 9, 2006” was deleted; and (b) the phrase “541,000 won” in No. 2 attached to the judgment of the court of second instance was corrected to read “540,000 won” as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 330 and 342 of the Criminal Act (including habitual larcenys), Articles 356 and 355(1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment), Article 347(1) of the Criminal Act (the occupation of fraud, the choice of imprisonment), Articles 347(1) and 32(1) of the Criminal Act (the occupation of aiding and abetting fraud, collectively, the choice of imprisonment), Articles 49(4)1 and 6(3)1 (the selection of imprisonment with prison labor) of the Electronic Financial Transactions Act (the occupation of approaching media, the selection of imprisonment with prison labor)

1. Articles 40 and 50 of the Criminal Code of Trade (the crimes of violation of each of the Electronic Financial Transactions Act as indicated in the holding) are added to the crimes.