The first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The summary of the grounds for appeal (defendants) Nos. 1 and 2 of the judgment of the lower court (in the case of the first judgment, three years of imprisonment and one year of imprisonment in the case of the second judgment of the lower court) are excessively unreasonable.

2. We examine ex officio the defendant's grounds for appeal following the consolidation of cases prior to the judgment on the grounds for appeal.

The second judgment and the first judgment were pronounced to the defendant in sequential order, and the defendant filed each appeal against them, and this court decided to hold the above two appeals together for a trial.

However, since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. As such, there exists a ground for reversal of ex officio as above, the first and second original judgment pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing shall be reversed, and the following judgment shall be rendered again through pleadings.

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence, which are the facts constituting the crime of the first and the second original judgment, and the summary of evidence which the court recognizes, are the same as the facts constituting the crime of the first and the second original judgment as follows.

Therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Part 3 of the first instance judgment, the "9500,000 won" in Part 10 shall be deemed to be "950,000 won".

In the indictment of the defendant case of the first instance court, "9500,000 won" is stated in the indictment of the defendant case.

However, it is obvious that the total sales amount stated in each sales slip (158,159 pages of the evidence of the first instance trial) which is related evidence is KRW 950,000,000, considering the circumstances leading up to 9.550,000.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Each repeated crime: The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”) is applicable.