All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the punishment (the first judgment: the fine of KRW 3 million, the second judgment of the original court: the fine of KRW 1.5 million: the fine of KRW 1.5 million) of each original judgment is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to consolidate each appeal case against the judgment of the court below. Since the first and second judgments of the court below found the defendant guilty in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the separate punishment like the first and second judgments of the court below cannot be punished, and the punishment should be imposed pursuant to Article 38(1) of the Criminal Act concerning concurrent crimes, the judgment of the court below is no longer maintained in this respect.

3. If so, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, without examining the defendant's grounds for appeal, and the judgment below is reversed ex officio, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the first and second judgments of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (the point of fraud and the choice of fines);

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

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act with the reason of sentencing is the same kind of criminal records to the defendant, the damage recovery has not been made, and other matters related to the sentencing specified in the records and arguments of this case, including the circumstances leading to the crime of this case, the age, character and conduct, the environment, and the circumstances after the crime, shall be determined as ordered by taking full account of all the following factors.