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

Seized gallonos.

A. The punishment of the lower court (the first instance judgment: imprisonment with prison labor for 2 years and confiscation, and imprisonment with prison labor for 1 year) is too unreasonable.

B. The Prosecutor’s 2nd sentence is too uneasible and unreasonable.

2. Each court of original judgment ex officio rendered a judgment of imprisonment with prison labor as above after completing a separate hearing against the defendant.

The defendant filed an appeal against the above two judgment of the court below, and this court decided to hold a joint hearing of the two cases appealed.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, on the ground that there is an ex officio reversal ground as above, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning criminal facts, and Articles 49(4) and 29(4) and 6(3)2 of the Electronic Financial Transactions Act (a lease of access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 48(1)1 of the Criminal Act (hereinafter “Confiscation”) is that there is a great social harm caused by the following:

The defendant is engaged in the crime while driving a false document as an employee of the Financial Supervisory Service.