The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below which rendered a suspended sentence against the defendant is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment, even though the defendant was disqualified as a person who was sentenced to suspension of qualification or heavier punishment.

B. The lower court’s sentence of unreasonable sentencing (the suspended sentence on KRW 80,000) is too uneased and unreasonable.

2. Judgment on the misapprehension of legal principles

A. Article 59(1) of the Criminal Act provides that "in the event that a sentence of imprisonment or imprisonment without prison labor for not more than one year, suspension of qualification or fine is imposed, if the preceding sentence is obvious, taking into account the matters specified in Article 51, the sentence may be suspended: Provided, That this provision shall not apply to a person who has a criminal record of suspension of qualifications or more severe punishment, except for a person who has been sentenced to suspension of qualifications or more severe punishment." The term "criminal record" under the proviso above refers to the criminal record itself which has been sentenced to suspension of qualifications or more

Therefore, even if a person who was sentenced to a suspended sentence has lost the validity of the sentence after the lapse of the grace period without the invalidation or cancellation of the sentence in accordance with Article 65 of the Criminal Act, even if the sentence became null and void, the legal effect of the sentence is no longer effective, and it does not lose the fact itself that the sentence had been sentenced. Thus, the person who was subject to a suspended sentence in accordance with the proviso of Article 59(1) of the Criminal Act shall be deemed to fall under “a person who had a criminal record

(See Supreme Court Decision 2003Do3768 Decided December 26, 2003, and Supreme Court Decision 2005Do5756 Decided May 11, 2007, etc.) B.

In light of the above legal principles, according to the records, the defendant was sentenced to a suspended sentence of one year on April 18, 200 by the Seoul Northern District Court for the preparation of qualification-based securities, etc., and the judgment becomes final and conclusive.