We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for four years.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for three years, and the second instance judgment: imprisonment with prison labor for five years) declared by the lower court is too unreasonable.

2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act for the relevant criminal facts; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act;

1. Articles 40 and 50 of the Criminal Act for each commercial competition [the crime of violating each Electronic Financial Transactions Act stated in the judgment of the court below, the crime of violating each Electronic Financial Transactions Act listed in the annexed Table 1 of the judgment below, and the crime of violating each Electronic Financial Transactions Act listed in the annexed Table 2 of the judgment below, and the

1. Selection of each sentence of imprisonment;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) the Defendant led to the confession and reflection of all of the instant crimes; and (b) the Defendant’s efforts to agree with some victims in the original trial; and (c) there was an additional agreement with some victims in the trial (the original trial: KRW 535,819,980, KRW 497,065,00).