The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment of 10 months, Defendant C shall be punished by a fine of 4,00.

Summary of Grounds for Appeal

Defendant

D Punishments (fines 5 million won) declared by the court below are too unreasonable.

The sentence sentenced by the court below against the defendants (two years of suspended sentence in October, 10, fines of four million won in case of defendant C, and fines of five million won in case of defendant D) is too unfluent and unfair.

We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the trial of the prosecution, the prosecutor added "Article 39 (1) of the Criminal Act" to the applicable provisions of the indictment and applied for changes in indictment to the effect that the defendants indicate the relevant criminal records.

This Court permitted the Defendants pursuant to Article 39(1) of the Criminal Act by allowing it, and determines punishment after considering equity in the case where a judgment is rendered with respect to the Defendants at the same time, and examining whether to reduce or exempt punishment. Thus, the judgment of the court below was no longer maintained.

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant D and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

The criminal facts and the summary of evidence recognized by this court in the first head of the criminal facts are as follows. "Defendant A was sentenced to a suspended sentence of two years for the violation of the Electronic Financial Transactions Act at the Incheon District Court on May 27, 2020 and the judgment became final and conclusive on June 4, 2020, and on August 13, 2020, the Seoul Southern District Court sentenced ten months of imprisonment for fraud, etc. at the Seoul Southern District Court on November 17, 2020.

Defendant

D On May 27, 2020, the Incheon District Court sentenced two years of suspension of execution to 8 months of imprisonment for a crime of violating the Electronic Financial Transactions Act at the Incheon District Court on June 4, 2020. The judgment was finalized on June 4, 2020. Defendant C was sentenced six months of imprisonment with labor for the same crime at the Incheon District Court on August 14, 2020.