All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

SamsungM-G935S mobile phones (S.) seized Samsung-G935S.

1. Summary of grounds for appeal;

A. The sentence of the lower court (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 months) is too unreasonable.

B. Each of the above forms of the lower court’s judgment is deemed to be too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

According to the consolidation of the first instance judgment and the second instance judgment, which the defendant and the prosecutor appealed, each case of the second instance judgment and the second instance judgment, the crime of the first instance judgment against the defendant and the second instance judgment were concurrent crimes under the former part of Article 37 of the Criminal Code.

In this case, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the first and the second judgment can no longer be maintained.

3. As such, the judgment of the court below No. 1 and the judgment of the court below No. 2 on the ground that there is a ground for reversal ex officio as above, and thus, the judgment of the court below and the judgment of the court below No. 1 and No. 2 are reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below are all reversed,

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes provided for in a crime of fraud against the victim H with the largest criminal situation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act was that the Defendant was committed both, and that there was no record of criminal punishment except for a fine imposed once in Korea, and that some of the victims of damage amount (5 million won) was paid and agreed.