The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment (one year of suspended sentence in six months of imprisonment) imposed by the lower court is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. According to the evidence duly adopted and examined by the judgment of the court below, the defendant was sentenced on March 26, 202 to one year and six months in prison due to fraud, etc. in the original state branch of the Chuncheon District Court on March 26, 2020 and the judgment became final and conclusive on July 28, 2020.

Since each of the crimes of this case is concurrent crimes between the crime of fraud, etc. for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, punishment shall be determined by taking into account equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is again decided as follows, without examining the grounds for reversal ex officio.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced to one year and six months from March 26, 2020 to imprisonment with prison labor for fraud, etc. at the original branch of the Chuncheon District Court's original branch on March 26, 2020; the above judgment became final and conclusive on July 28, 2020; and "1. criminal records in the summary of the evidence" as stated in the judgment of the court below as stated in the summary of the evidence: As a result of the agreement assistance session in the case case, each of the judgments is added; therefore, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 7 of Article 97 of the Telecommunications Business Act, the main text of Article 30 of the Telecommunications Business Act, and Articles 49 (4) 1 and 6 (3) 1 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts (transfer of access media);

1.Article 40 of the Criminal Code of Trade and Trade.