All the judgment of the court below (excluding the part of each compensation order) shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (in the case of the first judgment: imprisonment with prison labor for one year and six months for the second judgment) of the lower court is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The judgment of the court below was pronounced to the defendant in sequential, and the defendant filed each appeal against the judgment of the court below.

This Court decided to consolidate the above two appeals cases.

However, each of the offenses committed by the lower judgment guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Since the above reasons for the reversal of authority as above exist, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. From among the concurrent offenders under Article 347(1) of the Criminal Act and Article 347(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Compensation Orders for Crimes, the Defendant filed an application for compensation with the intent to seek payment of KRW 426,80,00 (this court’s application for compensation) under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act among the concurrent offenders under Articles 6(3)1 and 49(4) of the Electronic Financial Transactions Act (the transfer of access media, the choice of imprisonment), and Articles 38(1)1 and 31(3) of the Criminal Act (the Defendant is obliged to pay KRW 426,800 to the above applicant for compensation). Accordingly, the Defendant is obliged to pay the above applicant for compensation with the amount of money for compensation.