The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 2 or 3 shall be confiscated.

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (one year and six months of imprisonment) is too minor and does not confiscate subparagraphs 2 and 3 of seized evidence.

2) The lower court’s punishment is too unreasonable.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated in the lower court’s determination on confiscation, namely, ① the evidence seized Nos. 2 and 3 was an article provided or intended to be provided for the criminal act of licensing in the name of the Chairman of the Financial Supervisory Service, ② the content and the process of preparation of the document not only harm society, but also is likely to be provided again for the same crime, and thus, the Defendant should not be returned.

Even so, the lower court cannot maintain as it is, since it did not confiscate subparagraphs 2 and 3 of the evidence.

3. As the prosecutor's appeal of conclusion has merit, in a case where the court below reverses the judgment of the court below on the grounds that the prosecutor's remaining argument of sentencing and the defendant's unfair argument of sentencing were omitted and the judgment of the court below was reversed pursuant to Article 364 (4) of the Criminal Procedure Act, and the court below did not render a judgment of dismissal or collection, the part of the judgment below's conviction cannot be reversed because it did not contain any part of the judgment of the court below, and the whole conviction part of the judgment of the court below should be reversed (see Supreme Court Decision 2005Do5822, Oct. 28, 2005). The

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1), Article 30 of the Criminal Act’s applicable law for criminal facts, the choice of punishment (the fraud point, the choice of punishment by imprisonment), Articles 352, 347(1), and 30 (the attempted fraud point, the choice of imprisonment, and the choice of punishment) of the Criminal Act, respectively.