The judgment below

The part concerning the crime of Nos. 2, 3, and 4 of the judgment shall be reversed.

As to the crime of Nos. 2, 3, and 4 of the judgment of the defendant.

1. The summary of the grounds for appeal (e.g., e. 1: a fine of KRW 500,00,000, and a fine of KRW 2, 3, and 4: imprisonment of one year and six months) of the lower court is too unreasonable.

2. Determination

A. An ex officio judgment (the part concerning the crime Nos. 2, 3, and 4 in the judgment of the court below) was made at the appellate court, and the prosecutor applied for changes in the indictment by changing the name of the crime to larceny and changing the applicable provisions to Articles 329 and 35 of the Criminal Act as follows. Since the subject of adjudication is changed by the appellate court's permission, the part concerning the crime Nos. 3 and 4 in the judgment of the court below cannot be maintained any more.

However, since the court below regarded the crimes of Articles 3 and 4 as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced a single punishment, the part concerning the crimes of Articles 2, 3 and 4 of the judgment of the court below should be reversed in its entirety.

B. Compared to the judgment of the court below on the allegation of unfair sentencing on the first crime, there is no change in the conditions of sentencing, and where the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have set a sentence within a reasonable scope, sufficiently taking into account the overall circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, this part of the defendant's argument is without merit.

3. The defendant's appeal as to the crime No. 1 in the judgment of the court below is without merit, and thus, it is dismissed under Article 364 (4) of the Criminal Procedure Act. Since the part concerning the crime No. 2, 3, and 4 in the judgment of the court below is a ground for ex officio reversal as seen above, it is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair