The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

The defendant shall be punished by imprisonment for three years.

1. The sentencing of the lower court (the first instance judgment: three years of imprisonment, the second instance judgment: imprisonment with prison labor for a year, the additional collection of KRW 19,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and second judgment against the defendant was rendered and the judgment of the court below against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the two appeals cases. The first and second judgment against the defendant is in a concurrent relationship with the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below on the ground of ex officio reversal is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part against the defendant in the judgment of the court of first and second instances are all reversed, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 114 and 347(1) of the Criminal Act applicable to the crime (including joining and running activities of a criminal organization); Articles 347(1) and 30 (Fraud) of the Criminal Act; Articles 352, 347(1) and 30 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of each Criminal Act (a punishment specified in Table 1 of Crime List 1 as indicated in the judgment below of the court below) of the same Act for the ordinary concurrence (a punishment specified in each crime committed, each of the crimes committed, joining or activity of a criminal organization, between the crimes committed by fraud and joining or activity of a criminal organization, each of the crimes committed, the nature of which

1. Selection of each sentence of imprisonment;

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

1. Collection;