The part of the judgment of the court of first instance and the judgment of the court of second instance excluding the compensation order shall be reversed.

Defendant shall be punished by imprisonment for a period of one year and four months.

Summary of Reasons for Appeal (unfair sentencing)

A. The punishment sentenced by each court below (the first instance court: imprisonment with prison labor for one year, confiscation, and second instance: imprisonment with prison labor for four months) is too unreasonable.

(b)the sentence sentenced to the first instance judgment of the Prosecutor is too unhued and unreasonable;

2. As the judgment of the court below against the defendant, the defendant was sentenced to the judgment of the court of first instance and the judgment of the court of second instance, the prosecutor filed each appeal against the judgment of the court of first instance, and the court of first instance decided to hold all of them together for examination

The judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained in this point.

3. Accordingly, the judgment of the court below is reversed on the ground that there is a ground for reversal under the above authority, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the part of the judgment of the court below No. 1 and the judgment of the court below No. 2, excluding the compensation order

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts; Articles 49(4)2 and 6(3)3 (a) of the Electronic Financial Transactions Act; Article 97 Subparag. 7 and the main sentence of Article 30 (a) of the Telecommunications Business Act concerning the selection of punishment; Articles 347(1) and 30 (a) of the same Act concerning the selection of punishment; Articles 49(4)2 and 6(3)3 (a) of the same Act; Articles 97 Subparag. 7

1. Each of the crimes of this case for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes is related to the crimes of Bosing, and all of the crimes of Bosing are related to the crimes of Bosing.