All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant alleged mental and physical weakness was in a state of mental and physical weakness under the influence of alcohol at the time of committing the crime of the first and second instance judgment.

B. Each sentence sentenced to the Defendant by the first and second first instances of sentencing (the first instance judgment: the fine of KRW 100,000, the second instance judgment: the fine of KRW 100,000) is too unreasonable.

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

After the first and second court tried the defendant separately and rendered a judgment of conviction, the defendant filed an appeal respectively. This court decided to consolidate the above appeal cases.

However, each crime of the first and second judgment against the accused is a concurrent crime under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant was no longer maintained in this respect.

3. According to the conclusion, the judgment of the court below Nos. 1 and 2 is reversed ex officio, without examining the grounds for appeal by the defendant, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all identical to the facts 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. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud), and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Review of the record on the assertion of mental and physical weakness between the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.