All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Samsung, which was seized in 2017No 3454.

1. Summary of grounds for appeal;

A. The punishment of the judgment of the court below (No. 1: imprisonment with prison labor for 1 year, confiscation, and 2: imprisonment with prison labor for 1 year and 4 months) is too unreasonable.

B. The sentence of the lower judgment against the Defendant by the Prosecutor is too uneased and unreasonable.

2. Ex officio determination

A. As to the judgment of the court below, the judgment of the court below against the defendant was rendered, and the defendant and the prosecutor filed each appeal, and this court decided to hold a joint hearing of each appeal case.

Therefore, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

B. As to the judgment of the court below of the second instance, the prosecutor applied for the amendment of the indictment with the content that changes the summary of the crime and evidence as stated below (the part in the judgment of the second instance) under Article 1-1 (a) of the facts charged of this case, and since this court permitted it, the judgment of the court below was no longer maintained in this respect.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal of the judgment below, and the following is again decided after pleading.

【The part of the judgment which is again used] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are identical to the corresponding column of the judgment below, except that the portion of the “amount equivalent to the same amount by failing to pay a total of eight million won per annum of the 2nd judgment” in Article 1-1 of the Criminal Procedure Act (No. 4 of the 2nd judgment) as “the amount by acquiring the possession by transfer” in Article 369 of the Criminal Procedure Act. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;