The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 150,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal (200,000 won of fine) is too unreasonable.

2. The meaning of the phrase "any person who commits an offense under Article 10 of the former Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 2010; hereinafter "the former Punishment of Tax Evaders Act")" in Article 4 (2) of the former Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 2010; hereinafter "the former Punishment of Tax Evaders Act") prior to the determination of the grounds for appeal by the defendant, is not subject to heavy restriction on the concurrence of fines under Article 38 (1) 2 of the Criminal Act." The meaning of the phrase "in punishing several offenses of which judgment has not become final and conclusive at the same time, the same shall not apply to the punishment of fines for each offense of which judgment has not become final and conclusive." Thus, Article 38 (1) 2 of the Criminal Act provides that "an increase of fines by up to 1/2 of the maximum amount of fines specified in the former Punishment of Tax Evaders Act shall be sentenced to a fine separately for each offense.

(2) In the case of this case where the defendant is prosecuted for violating Article 10(1)1 of the Punishment of Tax Evaders Act (Article 11-2(1)1 of the former Punishment Act), Article 10(2)1 of the former Punishment of Tax Evaders Act (Article 11-2(2) of the former Punishment of Tax Evaders Act), the court below imposed a fine of KRW 200 million on all of the crimes after applying Article 38(1)2 of the Criminal Act while imposing a fine on the violation of the Punishment of Tax Evaders Act while not adding up fines for each of the crimes. In so doing, the court below erred by misapprehending the legal principles of Article 20 of the Punishment of Tax Evaders Act (Article 4(2) of the former Punishment of Tax Evaders Act), thereby affecting the conclusion of the judgment.