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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Nos. 1 through 95, 97.
Reasons
1. The summary of the reasons for appeal is unfair because the punishment of imprisonment (two years of imprisonment, confiscation) of the original judgment is too unreasonable.
2. The judgment of this case is a systematic and planned crime of fraud and a crime related thereto, which is not the quality of the crime, the damage amount is considerable, but it has not yet been restored to the present time, and the defendants acquired profits by disposing of the mobile phone phones that they acquired. However, the sentence of the judgment of the court below is inevitable in view of the following circumstances: the defendant was sentenced twice as a result of the crime; the defendant was sentenced two times as a result of the crime; the defendant was sentenced to a fine for the same type of crime; there was no record of the crime subject to punishment or imprisonment with prison labor or heavier punishment; the balance with the sentence imposed against accomplices; the age, character and conduct, occupation and environment; the circumstances after the crime; and various sentencing factors indicated in the instant case, including the circumstances after the crime, are somewhat excessive.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant statutory provisions for criminal facts, Articles 347(1), 30, 347(1), 231, 234, and 231 of the Criminal Act; Articles 72 Subparag. 2 and 59 Subparag. 1 of the Personal Information Protection Act (including the fact that personal information acquired was provided for profit-making purposes); Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the transfer of the means of access) of the choice of punishment; Articles 347(1), 231, 234, and 231 of the same Act; Articles 72 Subparag. 2 and 59 Subparag. 1 of the Personal Information Protection Act; Articles 49(4)1 and
1. The former part of Article 37 of the Criminal Code among concurrent crimes.