All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court (No. 1: Imprisonment with prison labor for 2 years and 6 months, and imprisonment for 2 months: 8 months) is too unreasonable.

B. The above types of punishment sentenced by the Prosecutor’s judgment are too unhued and unjust.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the defendant filed an appeal against the judgment of the judgment of the court of first instance and the judgment of the court of second instance, and the court of second instance decided to hold concurrent hearings of each of the above appeal cases. Since the facts constituting the above judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a sentence should be imposed. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on each of the unfair arguments of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 49(4)2, 6(3)2, and 6(3)2 (a) of the Act on the Electronic Financial Transactions in question (the fact that the access medium is distributed and stored upon knowing that it is to be used for a crime), Articles 49(4)2, and 6(3)3 (a) of the Act on the Electronic Financial Transactions in question (the fact that the access medium is distributed and kept upon knowing that it is to be used for a crime), each of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); Articles 314(1) and 313 (Interference with business), and Article 28(2)2 of the Criminal Act (the fact that electronic records, etc. are transferred).