A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

The above fine shall be imposed on the defendant.

1. The court below's punishment (one year of imprisonment and a fine of 500,000 won) against the defendant against the summary of the grounds for appeal is too unreasonable.

2. An ex officio determination prosecutor maintained the previous facts charged and applied for an amendment to a bill of amendment of indictment with the content of adding the facts charged as stated in attached Form No. 1, “a summary of the additional facts and evidence,” and since this court was changed by granting permission, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows.

[Reasons for the decision of the court below] The criminal facts and the summary of evidence against the defendant recognized by this court are added to the last part of the criminal facts of the court below's judgment as stated in paragraph (1) of "Additional criminal facts and summary of evidence". The summary of evidence is the same as that of each corresponding column of the court below's judgment, except for addition of the evidence as stated in paragraph (2) of "Additional criminal facts and summary of evidence" in the immediate upper part of "[the previous and habitual criminal records]" as stated in paragraph (2) of "additional criminal facts and summary of evidence". Thus, it is accepted as it is in accordance

Application of Statutes

1. Article 351, Article 347(1) of the Criminal Act applicable to the facts constituting a crime (in general, paragraphs (1), (3) through (5) of the judgment of the court and Article 357(1) of the Criminal Act), Article 351, Article 347(1), and Article 30 of the Criminal Act (in addition to the facts of habitual fraud added at the time of the market, paragraphs (1), (3) through (5) of the judgment of the court), Article 84(2), and Article 69(1) of the Military Service Act (in addition to the facts of habitual fraud as stated in the judgment of the court), and Article 351, Article 347(1), and Article 30

1. Determination of imprisonment with prison labor for the crime of habitual fraud in the choice of punishment and a fine for the crime of violating the Military Service Act;

1. The Criminal Act, for concurrent crimes.