We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 1 through 17 of seized evidence.

1. The first deliberation sentencing (one year and six months of imprisonment) against the accused on the summary of the reasons for appeal is too unreasonable.

2. In light of the records and records ex officio determination, the first instance court conducted the Seoul Central District Court 2015 High Court 2015 High Order 5947, and conducted an examination of evidence as it is without the prosecutor’s statement and the Defendant’s statement procedure, and declared a judgment after closing the pleadings after the prosecutor’s statement of opinion.

Such a trial procedure is unlawful as it is conducted without the prosecutor’s statement and the defendant’s statement procedure is omitted. The Seoul Central District Court 2015 High Court 2015 High Court 2015 High Order 5947 High Order 2015 High Order 5947 case is a concurrent crime under the former part of Article 37 of the Criminal Act. Thus, the first instance judgment cannot be maintained.

3. In conclusion, the judgment of the first instance is reversed ex officio as the grounds for reversal in the judgment of the court of first instance, and the judgment of the court of first instance is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court of first instance (see, e.g., Supreme Court Decision 201Da1348, Apr. 2, 201). Thus, the facts constituting the crime of the judgment of the court of first instance are as stated in the corresponding column of the judgment of the court of first instance.

Application of Statutes

1. Article 49(4)2 and Article 6(3)3 of the Act on the Electronic Financial Transactions in the relevant Act concerning criminal facts; Article 30 of the Criminal Act; Article 347(1) of the Criminal Act; Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The reason for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act is as follows, and the defendant's age, sex, environment, family relationship, and motive and motive for the crime.