1. The judgment below is reversed.

2. The defendant A shall be punished by imprisonment with prison labor for a period of one year for the use of computers and other crimes.

1. Improper sentencing for each of the reasons for appeal;

2. According to Article 32(6) and (1) of the Act on Corporate Governance of Financial Companies, and Article 27(3) and Article 5 subparag. 29 of the Enforcement Decree of the same Act, concurrent crimes against the violation of the Electronic Financial Transactions Act and other crimes should be tried and sentenced separately, notwithstanding Article 38 of the Criminal Act.

Nevertheless, the judgment of the court below which found the defendants guilty of each crime is erroneous in the misunderstanding of legal principles, which sentenced the defendants to a single punishment under Article 38 (1) 2 of the Criminal Act, which affected the conclusion of the judgment.

3. Therefore, the judgment of the court below is reversed ex officio in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal for each of the offenses committed by Defendant A and the prosecutor, and the judgment below is reversed, and the judgment below is modified again.

Criminal facts

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

Application of Statutes

1. Relevant Articles 347-2 and 30 (the use of computers and other computers) of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, and Article 30 of the Criminal Act (the receipt of access media, the selection of fines) concerning criminal facts;

1. Defendants who separate concurrent crimes: Articles 32 (6) and 32 (1) of the Act on Corporate Governance of Financial Companies (Separation of fraud by using computers, etc. and violations of the Electronic Financial Transactions Act);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (violation of each Electronic Financial Transaction Act);

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendant B of the suspended execution: Article 62(1) of the Criminal Act (with respect to imprisonment);

1. Protective observation and community service order Defendant B: Article 62-2 of the Criminal Act;

1. Defendant A: Criminal Act.