All judgment of the court below shall be reversed.

Defendant

A, in six months of imprisonment, Defendant B shall be punished by a fine of 4,000,000 won.

1. Summary of grounds for appeal;

A. The punishment of the lower court against Defendant A (the first instance judgment: the imprisonment of June and the suspended execution of one year; the second instance judgment: the imprisonment of April and the suspended execution of two years) is too unreasonable.

B. Each sentence of the lower court against Defendant B Co., Ltd. (No. 1: fine of KRW 3,00,000, KRW 2:000: fine of KRW 2,000) is too unreasonable.

2. We examine ex officio the grounds for appeal by the Defendants prior to the judgment.

The first and second judgments against the Defendants were pronounced, and the Defendants filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the offenses of the first and second judgments against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained as they are, inasmuch as one of the offenses of the first and second rulings against the Defendants is in concurrent crimes under Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in entirety under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the Defendants’ respective arguments of unfair sentencing.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant A’s original trial statement” and “1. witness AZ and BA’s original trial statement” in the column of “a summary of evidence” in the Busan District Court Decision 2017No. 3646 case, the summary of the facts charged and the evidence is identical to each corresponding column of the lower judgment; and (b) thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 50(1)1 and 27(10) of the Installment Transactions Act (the submission of false data) and Articles 50(1)2 and 34 subparag. 9 (the violation of the deposit coverage ratio) of the Installment Transactions Act.