The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The penalty (one million won of fine) imposed by the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. As to the concurrent crimes under the latter part of Article 37 of the Criminal Act for ex officio judgment, punishment shall be imposed in consideration of equity and cases where a judgment is concurrently rendered under Article 39(1) of the Criminal Act;

Therefore, the court should try to examine the specific contents of the crime which became final and conclusive through the court's decision or the statement of related persons.

(2) The court below determined that the crime of this case against each of the above crimes and the defendant constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, but did not appropriately examine whether the specific contents of the previous crime have become final and conclusive through a written judgment or the statement of related persons, etc., even though the court below determined that the crime of this case against the defendant was in a concurrent relationship under the latter part of Article 37 of the Criminal Act.

Therefore, the lower court cannot be deemed to have sentenced to punishment for the instant crime in consideration of equity and the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the lower court’s judgment was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the statement of each corresponding column of the judgment of the court below, except for addition of the "1. each judgment" in the summary of the evidence in the judgment of the court below, thereby citing it as is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;