All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Summary of Grounds for Appeal

The defendant, at around August 2010, received a request from NN for the purchase of real estate eligible for a large amount of loan and received 30 million won as the down payment, and then found the appropriate land and notified AM of the fact in the process. The defendant did not gather a crime together with AK, AL, AM, NN, etc. and did not participate in the crime at the second trial.

In light of the degree of participation of the defendant in unfair sentencing, each punishment sentenced by the court below on the defendant (the first judgment: imprisonment of 1 year and 6 months, and the second judgment: imprisonment of 2 years and 6 months) is too unreasonable.

Judgment

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The defendant filed an appeal against the first and second original judgment, and this court decided to concurrently examine each of the above appeals cases. Each of the offenses in the judgment of the court below against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

In this respect, the judgment of the court below against the defendant can no longer be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts about the second judgment is still subject to the judgment of this court, which will be examined below.

As to the assertion of misunderstanding of facts (part 2 of the lower judgment), the Defendant also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on this point, holding that “The Defendant may sufficiently recognize the fact of committing each crime in collusion with AM, AK, andN according to the circumstances recognized by the evidence at the time of market.”

Joint principal offenders of Article 30 of the Criminal Code in relation to the judgment of the court is jointly processed.