The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, prior to the judgment on the Defendant’s assertion of unfair sentencing, the record reveals that the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on August 31, 2016 and the said judgment became final and conclusive on September 8, 2016 due to the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Since each offense in the judgment of the lower court is in the concurrent relationship between the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, the sentence shall be determined after examining whether to reduce or exempt the sentence in consideration of equity and cases where the judgment is to be rendered simultaneously

3. Accordingly, the guilty part of the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the guilty part of the judgment of the court below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to the imprisonment of six months with prison labor at the Seoul Central District Court on August 31, 2016 due to a violation of the Act on the Registration of Real Estate under Actual Titleholder's Name, and the above judgment became final and conclusive on September 8, 2016" in the preceding part of the criminal facts in the original trial; and "the summary of the evidence" in the last part of the evidence as stated in the judgment: criminal records, KICS case summary information inquiry, and judgment (Seoul Central District Court 2016No3604)" are the same as each corresponding part of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act as to facts constituting an offense, respectively;