The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

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

According to the evidence duly adopted and examined by the court below and the trial court, the defendant was sentenced to two years of suspension of execution on June 24, 2016 to a crime of interference with business by the Ulsan District Court on the part of June 24, 2016, and the judgment became final and conclusive on November 25, 2016. Thus, the crime of each of the crime and the above crime, which became final and conclusive in the judgment of the court below against the defendant, is in the relation of concurrent crimes after Article 37 of the Criminal Act, and should be sentenced to punishment for each crime in consideration of equity in the case where the judgment is to be rendered at the same time pursuant to Article 39 (1) of the Criminal Act, so the judgment of the court below

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of criminal facts and evidence acknowledged by the court is the criminal facts and the summary of the first head of the crime, and the part of the first head of the crime was sentenced to two years of suspension of execution on June 24, 2016 by the Ulsan District Court for obstruction of business, and the above judgment became final and conclusive on November 25, 2016.

“A previous conviction in the judgment of the court below” and “a prior conviction in the judgment of the court below” shall be corrected at the end of the evidence and, except for the addition of “a final and conclusive document” to each corresponding column of the court below, this shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), 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. The Criminal Act to attract a workhouse;