The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

1. The court below's scope of judgment in this case sentenced to dismissal of prosecution as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of the Road Traffic Act against the victim Western, among the facts charged in this case, and sentenced guilty of the remaining facts charged. The prosecutor appealed as to the guilty part, and the dismissal of prosecution as to both the defendant and the prosecutor did not appeal as to the dismissal of prosecution is finalized, so the scope of judgment in this court is limited

2. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

3. According to the records of this case’s ex officio determination, the Defendant was sentenced by the Incheon District Court on December 6, 2018 to imprisonment with labor for a crime of violating the Electronic Financial Transactions Act, and the said judgment became final and conclusive on December 14, 2018.

However, since the crime for which judgment has become final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, in accordance with the first sentence of Article 39(1) of the Criminal Act, a sentence for each of the above crimes shall be imposed in consideration of equity with the case where judgment is rendered simultaneously, so the judgment of the court below cannot

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following decision is rendered through new pleadings.

[C] The summary of the facts constituting an offense and evidence recognized by this court is as follows. The facts constituting an offense in the judgment below is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding “The defendant was sentenced by the Incheon District Court on December 6, 2018 to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Incheon District Court on December 6, 2018, and the above judgment became conclusive on December 14, 2018.”

Application of Statutes

1. Criminal facts;