We reverse the judgment of the court below.

Defendant 1 shall be punished by a fine of KRW 3,00,000, and that of the second instance judgment against the lower judgment.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence against the Defendant (the first instance judgment: the fine of KRW 5 million, and the second instance judgment: the imprisonment of KRW 5 million) is too unreasonable.

2. Judgment of the court below of first instance

A. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court on December 8, 201, and the judgment became final and conclusive on April 16, 2012. In such a case, the crime of which judgment is final and conclusive and the crime of which judgment becomes final and conclusive prior to the final judgment is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of which judgment was committed prior to the final judgment, shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case of which judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Therefore, the lower judgment that did not take such measures becomes unable to be maintained.

B. However, the defendant's assertion of mental and physical disability is still subject to the judgment of the judgment of the court. Accordingly, according to the records of this case, it cannot be seen that the defendant was aware of drinking at the time of the crime of this case, but it does not have reached a state where the defendant lacks the ability to discern things or make decisions. Thus, the defendant's argument of mental and physical disability is rejected.

3. Judgment of the court below on Article 2

A. According to the records of this case as to the claim of mental disability, it is found that the defendant was aware of drinking together with the drinking at the time of the crime of this case, but it does not seem to have reached a state where the defendant lacks the ability to discern things or make decisions. Thus, the defendant's claim of mental disability is rejected.

B. Unreasonable sentencing.