A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. In full view of the following circumstances: (a) the Defendant recognized the crime and made a mistake seriously against the Defendant; (b) the first offender who has no record of criminal punishment; (c) there is a family member to support the Defendant; and (d) the Defendant paid the additional collection charge according to the judgment of the lower court after the sentence of the lower judgment was rendered; and (c) other circumstances, including the Defendant’s age, sex, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., on which the sentence of the lower court was imposed, are somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231, 30 (the fact of each private document in the same Article), 234, 231, 30 (the fact of exercising each of the above investigation documents) of the Criminal Act concerning the facts constituting an offense, and Articles 314 (1), 313, and 30 of the Criminal Act (the fact of obstructing each of the above investigation documents) of the same Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);

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

1. Article 48 (1) 1 and 2 of the Criminal Act for forfeiture;

1. Article 10 (1) and Article 8 (1) 1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Collection;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;