All judgment of the court below shall be reversed.

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

However, from the date this judgment has become final and conclusive.

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment of the judgment of the court of first instance (one year of suspended sentence in six months of imprisonment) is too unhued and unreasonable, and the defendant asserts that the punishment of the judgment of the court of second instance (two years of suspended sentence in October) is too unreasonable.

2. As to the judgment of the court of first instance, the prosecutor filed each appeal against the judgment of the court of second instance, and this court decided to concurrently examine each appeal case.

However, since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. If so, the court below’s decision is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the grounds for ex officio reversals by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are identical to the facts stated in the corresponding column of the judgment of the court of first instance and the judgment of the court of second instance, except for the alteration of the "37.8 million won" in the second sentence of the judgment of the court of second instance into "3.7.9 million won" in the second sentence of the judgment of the court of second instance, and thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 136(1) of the Copyright Act, Article 10(3)3 of the Punishment of Tax Evaders Act (amended by Act No. 11210), and the selection of each imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered in favor of the reasons for sentencing as follows);

1. The reason for sentencing Article 62-2(1) of the Social Service Order Act and Article 59 of the Probation Act is under the situation where the defendant has not yet acquired the right to purchase.