The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 10 million) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to one year and six months of imprisonment with prison labor and three years of suspension of execution on August 10, 2015 by the Seoul High Court, and on December 23, 2015, which became final and conclusive on December 23, 2015. As such, the crime of violation of the Act on the Protection of Defense and the crime of violation of the Act committed before the judgment became final and conclusive is in the concurrent crime relationship between the latter part of Article 37 of the Criminal Act and the crime of violation of the Act committed after the judgment became final and conclusive, and should be sentenced in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard,

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 again decided as follows.

Criminal facts

The summary of the facts constituting an offense and evidence admitted by this court is the first head of the lower judgment’s “criminal facts” and the Defendant was sentenced to one and half years of imprisonment and three years of suspended execution on August 10, 2015 by the Seoul High Court for the violation of the defense justice, and the said judgment became final and conclusive on December 23, 2015.

In addition, “1. Previous conviction” is added to “the summary of evidence” of the lower judgment, and except for the addition of “the Defendant’s legal statement” as stated in the corresponding column of the lower judgment, such addition is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 111 (1) of the Criminal Act (the point of receiving money and valuables on the pretext of solicitation) applicable to the facts constituting an offense;

1. Articles 40 and 50 of each Criminal Code of the Commercial Competition (Between the crime of fraud and the crime of violation of defense justice in the judgment of the court below, between the crime of fraud in the judgment of the court below, between the crime of fraud in the judgment of the court below and the crime of violation of defense justice in the judgment of the court below, and each punishment provided for more severe fraud).