All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 1 to 1.0

1. The main point of the grounds for appeal is that the punishment imposed by the court below (No. 1 year of imprisonment, and No. 2 month of imprisonment: 8 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the court of first instance decided to hold a joint hearing of each appeal case against the defendant by examining the judgment below ex officio. The judgment below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court below should simultaneously render judgment in accordance with Article 38(1) of the Criminal Act, and make a single sentence within the scope of the term of punishment aggravated for concurrent crimes.

In this respect, the judgment of the court below cannot be maintained as it is.

3. If so, there is a ground for reversal ex officio as above. Thus, each of the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them 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 facts constituting an offense, and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (which shall be between the crimes of violating the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A defendant with reasons for sentencing under Article 48(1)1 of the Criminal Act has no record of criminal punishment.

The accomplice J, K and others were arrested of the criminal defendant who voluntarily surrenders to the investigation agency and cooperate in the criminal investigation.

However, the criminal defendant's participation in the phishing crime is organized, planned, intelligent and unspecified to many and unspecified persons.