The part of the judgment of the court of first instance against the defendant is reversed.

Defendant shall be punished by a fine of KRW 3,500,000.

Defendant.

1. The summary of the grounds for appeal did not submit the grounds for appeal within the submission period.

2. Ex officio determination, the first instance court applied Articles 246(1) and 32(1) of the current Criminal Act to the defendant. The former Criminal Act was partially amended as Act No. 11731 on April 5, 2013, including Article 246(1). Article 1 of the Addenda of the amended Act provides that "this Act shall enter into force on the date of its promulgation." The crime of this case was committed on August 17, 2012 and on August 24, 2012. Thus, the first instance court, unless the punishment was changed strictly in relation to the above provision, was applied to the defendant by applying the former Act before the amendment. In this regard, the part against the defendant in the first instance judgment was no longer maintained.

3. Accordingly, the part against the defendant in the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by this court against the defendant is the same as that of the defendant in the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); Article 32(1) of the Criminal Act; Articles 32(1) of the Criminal Act; the choice of fines

1. Article 32 (2) and Article 55 (1) 6 of the Criminal Act, which is statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the reason for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses is that the defendant led to confession and reflects on the crime of this case, this case is the so-called "rawlsing business operator" and the person who intends to stay overseas.