All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor of one year and three months and by a fine of thirty million won.

The appellate court.

1. Each sentence (the first instance court: imprisonment with prison labor for a year and two months and fines for a KRW 300,000, KRW 2: Imprisonment with prison labor for a year and two months, and KRW 2) imposed on the accused, of the summary of the grounds for appeal, is too unreasonable;

2. The judgment of the court below against the defendant ex officio is sentenced to the judgment of the court below Nos. 1 and 2, and the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint trial with each of the above appeal cases. On the other hand, each of the offenses of the judgment Nos. 1 and 2 against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below No. 1 and 2 against the defendant

3. As such, the judgment of the court below 1 and 2 is reversed ex officio as seen above. Thus, without examining the defendant's unfair argument about sentencing, the judgment below is reversed in entirety and it is again decided as follows through the pleading pursuant to Article 364 (2) of the Criminal Procedure Act.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraudulent point, the selection of imprisonment), Article 331(2) and Article 331(1) of the Criminal Act (the point of special larceny), Article 72(1)1, Article 48(1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (the point of intrusion upon information and communications network, the selection of imprisonment), Articles 154 Subparag. 2 and 43 of the Road Traffic Act (the point of unauthorized License Operation, the selection of fines) concerning criminal facts;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 [the punishment and imprisonment with prison labor for a victim G with the largest penalty of punishment and imprisonment with prison labor for concurrent crimes resulting from the aggravated punishment for special larceny.]