Of the judgment of the court below of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A. Imprisonment.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one and half years of imprisonment with prison labor of the court of first instance, and six months of imprisonment with prison labor of the court of second instance) is too unreasonable.

B. The Prosecutor’s first sentence (one and half years of imprisonment with prison labor for Defendant A, four months of imprisonment with prison labor for Defendant K, two years of suspended execution, and community service) declared by the first instance court is too uneasible and unfair.

2. Determination

A. Prior to the judgment of the court below on the grounds of appeal by Defendant A, the judgment of the court of first instance and the judgment of the court of second instance against the Defendant A were rendered, and the Defendant A filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. The first and second judgments of the court of first instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part against Defendant A among the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

B. The public prosecutor’s judgment on the assertion of unfair sentencing (the part against Defendant K in the judgment of the court of first instance) is likely to not only impair the safety and reliability of electronic financial transactions, but also be abused for other crimes, such as Bosing, etc.

On the other hand, the defendant K recognizes his mistake and is against the truth.

Defendant

K has no record of punishment since its entry into Korea.

In addition, comprehensively taking account of the various circumstances, including Defendant K’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the instant records and pleadings, the lower court’s sentence is too uneasible and unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

3. Accordingly, the part of the judgment of the court of first instance regarding Defendant A and the judgment of the court of second instance on the grounds of the reversal of authority as seen earlier, are omitted from the judgment on the allegation of unfair sentencing.