All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the grounds for appeal (No. 1: fine of KRW 3 million, and imprisonment of KRW 2: 3 million) declared by the lower court is too unreasonable.

2. We examine the grounds for appeal by the defendant before determining ex officio.

The judgment of the court below in the first and second instances against the defendant was sentenced respectively, and all of the defendants appealed, and this court decided to hold a joint hearing of the above two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below No. 1 and No. 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and it is decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court and the summary of the facts constituting an offense and the gist of evidence are the same as the stated in each corresponding column of the judgment below, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act (the points of conflict, the choice of imprisonment), Articles 352 and 350 (1) of the Criminal Act (the attempted crime of conflict, the choice of imprisonment) concerning the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Not more than 15 years of imprisonment with prison labor for the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Basic crimes and concurrent crimes: The aggravated area (one year to three years) of the population (based on the aggregate amount of benefits according to the standards for handling multiple crimes, as it is the same concurrent crimes between 30 million won and 100 million won, less than 100 million won, and general public) of the type 2 (the scope of recommendation) and the aggravated area (one year to 3 years), provided, however, that it is the most severe one crime as a result of the addition.