All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (the first instance judgment: the fine of KRW 2 million, the second instance court: the fine of KRW 1 million) imposed on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the case No. 2016 No. 2476 of this Court, which is the appeal case against the judgment below of the court below of first instance, was consolidated in the proceedings of the first instance court’s trial. The case No. 2016 No. 5031 of this Court, which is the appeal case against the judgment below of the court below of second instance, was consolidated in the proceedings of the second instance. Since each crime of the first and second judgment in the first instance court’s relation of concurrent crimes under the former part of Article 37 of the Criminal Act, should be sentenced to a single sentence within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal under the above authority, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act, and the selection of each fine for a crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the defendant had been punished several times, including the crime of fraud and larceny, committed the instant crime. The victim of the crime of larceny agreed with the victim of the crime of larceny, and the victim of the crime of larceny has returned to the victim, and all of the crimes have been led to a confession by the court below and the party deliberation.