Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

2. Before determining the Defendant’s assertion of ex officio, this Court decided to hold a joint hearing of each appeal case against the judgment below. Each of the offenses against the Defendant by the court below against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

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's assertion, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Article 347(1) of the Criminal Act, Articles 84(2) and 69(1) of the Military Service Act among concurrent crimes (elective of fines), the first sentence of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 70 and Article 69(2) of the Criminal Act, the reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the records and arguments of this case, all of the sentencing conditions shown in the record and arguments, and the fact that the defendant has been punished for fraud, shall be determined as set forth in the Disposition.