The guilty portion of the judgment of the first instance and the second judgment shall be reversed, respectively.

A defendant shall be punished by imprisonment for two years.

1. The lower court’s judgment regarding the violation of the Electronic Financial Transactions Act among the facts charged in the instant case No. 2014 high-level7074 was dismissed pursuant to Article 327 subparag. 3 of the Criminal Procedure Act and sentenced the remainder of the facts charged.

However, since the defendant and the prosecutor filed an appeal only against the conviction except the above dismissed part among the judgment of the court of first instance, the dismissed part was separated and finalized as it is.

Therefore, the scope of this court's adjudication is limited to the conviction part of the first judgment and the second judgment of the court below.

2. Summary of grounds for appeal;

A. The Prosecutor’s first instance judgment’s punishment (two years of imprisonment, additional collection of KRW 817,331,426) is too unhued and unreasonable.

B. The punishment of each of the judgment below by the defendant (the judgment of the court of first instance is the same as the above. The judgment of the court of second instance is the same as the above.) is too unreasonable.

3. Ex officio determination of this Court rendered a decision to consolidate the guilty part of the judgment of the first instance with the judgment of the second instance.

However, the first instance court's conviction and the second instance judgment's conviction are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38 (1) of the Criminal Act.

Therefore, the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance can no longer be maintained.

4. Accordingly, the first and second judgment of the court below's convictions and the second judgment of the court below are reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and the judgment of the court below's convictions and the second judgment is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence are facts constituting the crime of the court below.