The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a year.

1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (one year of imprisonment and additional collection) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by authority, the Defendant was sentenced to imprisonment with prison labor for a year and two months at the Cheongju District Court on October 18, 2016, and the above judgment becomes final and conclusive on April 21, 2017. The above crime and the crime in the judgment of the court below, which became final and conclusive, are in a concurrent relationship with a group after Article 37 of the Criminal Act, and a punishment for the crime in the judgment of the court below is determined in consideration of equity and cases where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act. In this respect,

3. As such, the remaining part of the judgment of the court below, excluding the rejection of the application for compensation, is reversed, and the above part of the judgment of the court below is reversed and it is again decided as follows through the pleading pursuant to Article 364 (2) of the Criminal Procedure Act, without examining the defendant's unfair argument of sentencing.

[Majority Opinion] The summary of the facts constituting a crime and evidence admitted by the Court is a summary of the facts constituting a crime and evidence. The first head of the lower judgment’s criminal facts stated in the judgment, “The Defendant was sentenced to imprisonment with prison labor for one year and two months at the Cheongju District Court on October 18, 2016, and the said judgment was finalized on April 21, 2017.

In addition to adding “1. Date of confirmation and sentence” to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is also quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) (the point of fraud) of the Criminal Act applicable to the facts constituting an offense and Article 111 (1) (the point of receiving money and valuables on the pretext of solicitation) of the Act by attorneys-at-law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. Sentencing the latter part of Article 116 of the Act.