A defendant shall be punished by imprisonment for not less than two years and six months.

2. The lower court, ex officio, found the Defendant guilty of all the instant facts charged, and sentenced the Defendant to the punishment stipulated for joining and committing the crime of crime organization by deeming that the establishment of a criminal organization and the crime of activity and each crime of fraud are in a mutually competitive relationship, and did not add the concurrent crimes under the former part of Article 37 of the Criminal Act.

However, the purpose of the Criminal Code Article 114 is to prevent the creation and existence of a criminal organization which has the nature of preliminary conspiracy for a criminal act regardless of whether a specific objective criminal act has been committed.

(see Supreme Court Decision 2015Do7081, Sept. 10, 2015). Therefore, in cases where joining a crime organization and committing a separate purpose of the crime, each of the crimes constitutes a substantive concurrent crime relationship.

(See Supreme Court Decision 91Do2540 delivered on December 24, 1991). Thus, the court below should have convicted all the facts charged and should have aggravated concurrent crimes by deeming them as substantive concurrent crimes under the former part of Article 37 of the Criminal Act.

However, as the lower court determined otherwise, the lower court cannot avoid reversal.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Reasons for the Judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the gist of evidence.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 114 of the Criminal Act applicable to the crime, Article 114 of the Criminal Act, Article 347(1) of the Criminal Act (including joining and running activities of a criminal organization), Articles 347(1) and 30 of the Criminal Act, and the choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;