All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in the lower court’s respective punishment (the first instance judgment: the fine of KRW 7 million; the fine of KRW 2 million: the fine of KRW 4 million); and the fine of KRW 4 million) against the Defendant.

2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the offenses of the court Nos. 1 and 2 with respect to the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

In addition, according to the records, since the defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court on October 21, 2016 and the above judgment was finalized on March 24, 2017, the crime of fraud for which judgment has become final and conclusive and the crime of resolution of the second instance judgment is in the concurrent crime relationship between group after Article 37 of the Criminal Act and group at the same time in accordance with Article 39(1) of the Criminal Act, a punishment shall be determined in consideration of equity with the case where judgment is rendered in accordance with Article 39(1) of the Criminal Act. In this regard, the second judgment of the court

3. If so, the judgment of the court below is reversed ex officio as seen earlier, and the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

Inasmuch as the summary of the evidence is the same as the corresponding column of the first and second judgment, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act regarding criminal facts and the choice of punishment; Article 72(1)1 and Article 48(1) of the former Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016); and Article 71 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (amended by Act No. 14080, Sept. 22, 2016).