All judgment of the court below shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 9,00,000.

The defendant above.

1. Summary of grounds for appeal;

A. The sentence (the first instance judgment: the fine of KRW 7 million, the second instance judgment: the fine of KRW 2 million) that the Defendant sentenced against the Defendant is too unreasonable.

B. The Prosecutor’s first instance court’s sentence against the Defendant is too unhued and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first instance court rendered a judgment against the defendant as Seoul Eastern District Court 2013da675, and the second instance court rendered a judgment against the defendant as Seoul Eastern District Court 2013MaMa1162, and the defendant filed an appeal against each of the above judgment below as to the first instance court, and the prosecutor filed an appeal against the first instance court, and the appellate court decided that the above two appeals cases should be concurrently tried. The first and second of the judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes that the court below found guilty should be sentenced to a single sentence within the scope of punishment aggravated under Article 38(1) of the Criminal Act. In this regard, the first and the second judgment cannot be maintained as they are.

3. Accordingly, the judgment of the court below and the court below of the second instance on the grounds of the above ex officio reversal. Thus, without examining the defendant and the prosecutor's assertion of unfair sentencing, all of them are reversed under Article 364 (2) of the Criminal Procedure Act, and they are again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and selection of fines

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;