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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below (No. 1 year of imprisonment with prison labor) is too unhued and unfair.
B. The punishment sentenced by the lower court to the Defendant (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for four months) 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. The judgment of the court below is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should simultaneously render a judgment pursuant to Article 38(1) of the Criminal Act and sentence a single punishment within the scope of the term of punishment aggravated for concurrent crimes. Thus, the judgment of the court below cannot be maintained as it is.
3. If so, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided after pleading as follows.
[Reasons for the new judgment] The summary of the facts constituting an offense and evidence admitted by the court below and the summary of the evidence are as stated in the corresponding column of the judgment below, except that the defendant, as stated in the judgment of the court below, "the defendant opened a company bank account in the name of limited company C (D) at the branch of the company bank located in a non-permanent place on June 17, 2015, transfers cash cards, passwords, official seals, etc. connected to the above account to E and F, and transfers the access media over 56 times in total as shown in the annexed crime list 2 times through 23, 25 through 57." Thus, it is identical to the corresponding column of the judgment of the court below, except that it is stated in Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 228(1) of the Criminal Act (a) (a false entry, such as an electronic record, etc.), Articles 229 and 228(1) (a) of the Criminal Act for criminal facts, as well as the electronic record, etc.