All judgment of the court below shall be reversed.

Defendant

A Imprisonment for a year and two months, and Defendant B for a fine of KRW 15 million.

1. The summary of the grounds for appeal (in the first instance court: 1 year of imprisonment, 2 years of suspended sentence, 2 years of suspended sentence, 2 years of suspended sentence: 2 years of imprisonment) and the sentence (in the second instance court: 10 million won of each fine: 10 million won of each fine) imposed on Defendant A and the sentence imposed on Defendant B (in the second instance court: 2 years of suspended sentence) are too unreasonable.

2. Before determining the grounds for appeal by the Defendants ex officio, the case of appeal against each judgment of the court below was examined in the first instance court ex officio, and each offense in the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment below should be reversed.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants' respective arguments for sentencing, and it is so decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the corresponding columns of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 32(1)2 and Article 44-7(1)1 of the Criminal Act; Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, Etc.; Article 30 of the Criminal Act; Article 136(1)1 of the Criminal Act; Article 32(1) of the Criminal Act (a) of the same Act; Article 75, Article 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 74-7(1)2 and Article 44-7(1)1 of the same Act; Article 136(1)1 of the same Act; Article 32-7(1) B of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.