Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall be imposed on the defendant.

A. Each punishment (the first judgment of the court below: the fine of one million won, and the second judgment: the fine of three million won) of the judgment of the court below is too unreasonable.

B. The sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence is to be rendered pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing on the defendant's judgment and the prosecutor's second judgment on the prosecutor's assertion of unfair sentencing. We reverse all of the judgment of the court below ex officio and render a new judgment following oral argument.

In other words, the criminal facts and the summary of the evidence recognized by the court, as stated in the corresponding column of the judgment of the court below, are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act, Article 314 (1) of the Criminal Act and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order commits the instant crime during the period of repeated crime, the fact that the Defendant was punished for the same kind of crime, the fact that the Defendant agreed with the victim of the crime of interference with business, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are shown in the instant pleadings.