Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

2. According to Articles 157 and 153 of the Criminal Act of ex officio determination, when a person who committed an offense without accusation voluntarily surrenderss himself/herself before a judgment or disciplinary action on a case on which a false fact was reported becomes final and conclusive, the punishment shall be mitigated or remitted. The phrase “before a judgment becomes final and conclusive” under Article 153 of the Criminal Act includes cases where, as a result of the investigation of a case on which the defendant filed a complaint, the suspected accusation of the defendant was revealed, and the prosecution against the defendant was instituted, and the trial procedure has not been commenced after a decision not to prosecute the defendant (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). Although the defendant denied all the facts charged in the instant case at the lower court, it appears that all of the facts charged in the instant case was led to the conviction at the trial of the party, and that the

Therefore, the judgment of the court below cannot be maintained as the grounds for the necessary reduction and exemption of the defendant's punishment occurred in the trial of the court.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【The reasoning of the judgment below in its entirety 【The facts constituting a crime and the summary of the evidence admitted by the court below and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “1. Defendant’s oral statement” to the summary of evidence in the judgment below.

Application of Statutes

1. Relevant Article 156 of the Criminal Act concerning facts constituting an offense, Article 156 of the choice of punishment, statutory mitigation of fines by law, Articles 157, 153 and 55(1)6 of the Criminal Act;

1. The Criminal Act dealing with concurrent crimes;