We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence of the lower court’s sentence against the Defendant on the summary of the grounds of appeal (the first instance judgment: imprisonment with prison labor for a year, and the second instance judgment: imprisonment with prison labor for a year and two months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the Defendant filed an appeal against the judgment below, and this court decided to hold two appeals against the judgment below concurrently. Since each of the offenses against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is so decided as follows.

Criminal facts

The main points of the evidence and the judgment below are as follows.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 166(1) of the Criminal Act (the prevention of general motor vehicle fire), Articles 347(1), 30 (the fraudulent point, the choice of imprisonment), Articles 369(1), 366, and 30 (the choice of imprisonment with labor) of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act (the transfer of access media by public offering), Articles 49(4)1 and 6(3)1 of the Criminal Act, Articles 30 (the choice of imprisonment with labor), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the selection of a type of imprisonment with labor) of the Criminal Act, and Article 35(3)1 (the selection of a type of imprisonment with labor for a single crime) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against general motor vehicles, the punishment of which is the largest, shall be aggravated);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment;