All of the judgment of the court below except for a compensation order shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Each punishment sentenced by the judgment of the court below (the first judgment of the court below: imprisonment with prison labor for 2 years and the second judgment of the court of the court of the court below: fine of 5 million won) is too unreasonable.

B. The sentence sentenced by the first instance judgment of the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against all of the judgment below, and the prosecutor appealed against the judgment of the court of first instance, and the court decided to concurrently examine the above two appeals cases.

Each crime of the first and second original judgments against the accused is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the original judgments should be sentenced pursuant to Article 38(1) of the Criminal Act, so the part of the original judgment excluding the compensation order cannot be maintained

3. The decision of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the part of the judgment below excluding the order for compensation among the judgment below is reversed, and the following is again decided through oral argument.

Criminal facts

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

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 355 (1) of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, Article 347-2 of the Criminal Act for the crimes in question;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the crime of this case committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is against the mobile phone sales agency.