All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Busan District Public Prosecutor's Office in 2016.

1. The sentence of the lower court (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 6 months) against the accused on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance against the defendant filed an appeal against each of the above two appeals cases, and the court of second instance decided to hold concurrent hearings. Since each of the offenses of the first and second appeals against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, the judgment of the court of first and second instance cannot be maintained as they are, since they are concurrent offenses under Article 38(1) of the Criminal Act, the judgment of the court of second instance cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, on the ground that the above reasons for reversal are reversed ex officio.

Criminal facts

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

Application of Statutes

1. Article 49 (4) 2, Article 6 (3) 3 (a point of storage and delivery of access media) of the relevant Act on the facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 (a point of receipt of access media) of the relevant Act on the Electronic Financial Transactions;

1. Articles 40 and 50 of each Criminal Code for the commercial concurrence (compacting between the violation of the Electronic Financial Transactions Act in transmitting each access medium as of September 22, 2016, between the violation of the Electronic Financial Transactions Act in transmitting each access medium as of September 28, 2016, between the violation of the Electronic Financial Transactions Act in transmitting each access medium as of September 28, 2016, between the violation of the Electronic Financial Transactions Act in storing each access medium as of September 28, 2016, and between the violation of the Electronic Financial Transactions Act in acquiring each access medium as of September 28, 2016)

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Aggravation of Concurrent Crimes Act.