The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

articles 2 to 2.2, seized of the case 2019 order 2437

The summary of the grounds for appeal (unfair punishment) of each original court's punishment (the first instance court's imprisonment of three years, confiscation, and second instance's imprisonment of four months, and the third instance's imprisonment of four months) is too unreasonable.

The judgment of the court of ex officio judgment decided to consolidate each appeal case of the judgment of the court below against the defendant.

Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it

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

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and summary of the evidence are identical to the facts constituting the offense and summary of the evidence recognized by the court below, and thus, the summary of the evidence is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Articles 350(1), 30(1), and 30(a) of the Criminal Act for the relevant criminal facts (including the conflict of interest, and the case of 2019 order2437) of the same Act; Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the custody of the means of access for the purpose of using the crime) and Articles 347(1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the date and time, and place in the list of crimes in the case of the Highest 2019 Republic of Korea and each of the crimes of electronic financial transactions in violation of the same Act);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act does not directly plan the entire crime of this case or directly interfere with the victim, and there are aspects used as the tool of the instructed person, such as total books, etc. without ascertaining the entire crime, and it has reached the trial.