The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

The defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (unfair sentencing) that the original judgment rendered against the defendant (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for one year and six months) is too unreasonable.

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

The Defendant filed an appeal against the lower judgment, and this Court tried to consolidate each appeal case with each other.

Since each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment must be sentenced when the judgment is rendered simultaneously.

Therefore, the part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance cannot be maintained any more.

3. As such, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance on the grounds of the above reversal ex officio. Thus, without examining each of the defendant's unfair arguments on sentencing, all of them are reversed, and the judgment below is reversed, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the statements in each corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 43(2)2, Article 443(1)4, and 5, Article 176(1)1, 2, and 3, and Article 2(2)1 of the former Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013); Article 30 (Notice of Form of imprisonment, including the control of market price of ER’s stocks) of the Criminal Act; Article 443(1)4, Article 176(1)1, 2, and 36(1), and 47(2)1 of the former Financial Investment Services and Capital Markets Act (amended by Act No. 1063, Mar. 12, 2010); Articles 443(1)1, 176(1)4, 176(1)2, and 47(1), and 30(2)4, and 57(1) of the Criminal Act for each of the following reasons.

1. Aggravation of repeated crimes;