All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. The summary of the grounds for appeal is that each of the punishments (10 months of imprisonment; 8 months of imprisonment) set by the court of the original instance is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

For the above reasons, the defendant filed an appeal against the judgment of the court of first and second instance, respectively, and the court of the first instance decided to consolidate the appeal cases.

Each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act.

Pursuant to Article 38 (1) of the Criminal Code, a single sentence should be imposed within the scope of aggravated concurrent crimes.

Therefore, the judgment of the court below can no longer be maintained.

Article 37 of the Criminal Act provides that the crime of fraud for which judgment has become final and conclusive on April 21, 2017 and the crime of concurrent crimes by the latter part of Article 37 of the Criminal Act.

Although there are circumstances after the decision of the court below, the appellate court should re-determine the punishment in consideration of equity and the case at the same time in accordance with Article 39(1) of the Criminal Act.

In this respect, the judgment of the first instance can no longer be maintained.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are the same as stated in each 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. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime (the fraud point), Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the transfer of access media) of the same Act, and the choice of imprisonment for each type of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.