The judgment of the court below and the judgment of the court below are reversed.

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant

A.

1. Summary of grounds for appeal;

A. The punishment of Defendant A1’s judgment (a fine of three million won) is too unreasonable.

B. The punishment of the Prosecutor Nos. 2 and 3 of the lower judgment (the Defendant’s exemption from each sentence) is too unfasible and unreasonable.

2. Determination

A. The appeal case against the judgment of the court of first instance and the judgment of the court of appeal against the judgment of the court of first instance were combined when the judgment of the court of appeal against the defendant A was examined ex officio, and the appeal case against the judgment of the court of first instance and the judgment of the court of appeal against the defendant A were combined. Since each crime of the judgment of the court of first instance and the judgment of the court of appeal against the defendant A is in a concurrent crime under the former part of Article 37 of the Criminal Act, they shall be sentenced to a single sentence within the scope of the punishment aggravated

B. The crime of this case committed with Defendant K in collaboration with several persons and the nature of the crime is not weak, and the victim has a record of punishment several times for the same kind of crime, etc. are disadvantageous to Defendant K.

However, the crime of this case is considered as favorable to Defendant K in light of the following circumstances: (a) the crime of this case is committed in the relation of special larceny and concurrent crimes under the latter part of Article 37 of the Criminal Act in which the judgment became final and conclusive; and (b) there is no special circumstance or circumstance that is newly considered in the sentencing after the sentence of the lower judgment; and (c) comprehensively taking account of the following circumstances, such as Defendant K’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (d) the circumstances after the crime, etc., which are the conditions for the argument and the sentencing

Therefore, prosecutor's assertion is not accepted.

3. The judgment of the court of first instance and the judgment of the court of first instance on the grounds of the above ex officio reversal, and the judgment of the court of first instance and the prosecutor’s allegation of unfair sentencing under Article 364(2) of the Criminal Procedure Act without further proceeding.