The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

30 million won shall be additionally collected from the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and eight months imprisonment) is too heavy or (the Defendant) is too heavy.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, fraud for which the defendant deceivings a public official for solicitation and received KRW 30 million, and fraud for which 290,000,000,000 is provided by deceiving the victim as necessary, and subsequent fraud for which 290,000,000 won is provided by deceiving the victim to be necessary.

In addition, the court below did not aggravated concurrent crimes by deeming each of the above crimes as crimes of ordinary concurrent crimes. Therefore, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows, without examining the aforementioned ex officio reversal grounds.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 111 (1) of the Act (the point of receiving money and valuables on the pretext of solicitation) of the relevant Act on the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The late text of Article 116 of the Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the crime of this case is likely to cause a public official to leave land in favor of the public official

The fact that the crime is not good due to the fraud of a large amount of money under the pretext of solicitation and land price, and the amount of fraud is very large, and only part of the damage has been repaid in the court below.