The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable because it is too unreasonable for the defendant to be sentenced to the punishment (five million won penalty) declared by the court below.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Article 153 of the Criminal Code provides that when a person who has committed perjury makes a confession or surrenders himself/herself before a judgment or disciplinary action on the relevant case is finalized, the punishment shall be mitigated or remitted.

According to the records, it is recognized that the defendant was investigated by the prosecution on November 22, 2016, and all of the crimes of this case were led to confession of the crime of this case from the court to the court of the trial, and the facts that the case of fraud, etc. against C, etc. is pending in the appellate trial (Seoul High Court 2017No. 209) are significant in this court.

Therefore, as the Defendant was led to confession before the judgment on the case became final and conclusive, the punishment should be reduced or exempted in accordance with Article 153 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 153, 152, and 55 (1) 6 of the Criminal Act mitigated by law;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the appropriate exercise of the judgment authority, which is the judicial action of the country.