The judgment below

Part 2 of the judgment of the court below is reversed.

A fine of KRW 3 million shall be imposed on the second crime in the judgment of the defendant.

1. The summary of the grounds for appeal (the crime No. 1 (Crime of Interference with Auction: Imprisonment with prison labor for one year and three years of suspended execution, and the crime No. 2 of the decision (the attempted crime): fine of three million won) declared by the court below is too unreasonable.

2. Determination

A. As to the part of the crime No. 1 in the holding of the court below, the crime No. 1 in the holding of the court below is not a favorable circumstance for the defendant, such as the crime of embezzlement for which the judgment became final and conclusive and the crime of concurrent crimes after Article 37 of the Criminal Act should be sentenced in consideration of equity with the case to be adjudicated at the same time pursuant to Article 39(1) of the Criminal Act. However, this part of the crime of preparing a false lease contract and submitting it to an auction court is not only detrimental to the judicial branch's fair auction business, but also is highly likely to cause damage to interested parties, such as creditors, collateral security holders, etc., and the defendant takes the lead in the above crime, and even before the case, in light of the legal ordinary tendency revealed by the defendant, such as the deduction of goods subject to provisional seizure, regardless of the court's decision of provisional seizure made at the request of E, the punishment of the court below on

shall not be deemed to exist.

Therefore, this part of the defendant's argument is without merit.

B. We examine the part concerning the second crime in the judgment of the court below prior to the judgment on this part of the grounds for appeal by the defendant.

"A crime for which judgment to punish with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, in consideration of equity in cases where a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39 (1) of the Criminal Act is concurrently adjudicated and where a crime for which judgment has not been rendered became final and conclusive, punishment for such crime shall be sentenced. However, in cases where a crime for which judgment has not yet become final and conclusive cannot be ruled simultaneously with a crime for which