All judgment of the court below shall be reversed.

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

Seized evidence 202 to 206, 208

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court (the first instance judgment: imprisonment with prison labor for 2 years, confiscation, and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.

B. The above sentence imposed by the court of first instance by the prosecutor is too unhued and unreasonable.

2. Before determining the grounds for appeal by the defendant and the prosecutor ex officio, the defendant's appeal against the judgment of the court of first instance was consolidated in the trial by filing each appeal against the judgment of the court of first instance. Since each of the crimes decided by the judgment of the court of first instance is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38 (1) of the Criminal Act, the judgment of the court of first instance that rendered a separate sentence for each of the above crimes cannot be maintained in this respect

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, subparagraph 7 of Article 97 of the Telecommunications Business Act, the main sentence of Article 30 (referring to the provision of communications services to another person for communications), Articles 95-2 subparagraph 2 and 32-4 (1) 1 of the Telecommunications Business Act (referring to the use of telecommunications services through the opening of mobile communications terminal devices in the name of another person), Articles 95-2 subparagraph 3 and 32-4 (1) 2 of the Telecommunications Business Act, and each decision of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation Article 48 of the Criminal Code.