The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Before judgment on the grounds for ex officio appeal, the Defendant was sentenced to the suspended sentence of two years and a fine of three million won on February 25, 2016 by the Incheon District Court on February 17, 2016, due to interference with business affairs, etc. at the Incheon District Court, and the judgment became final and conclusive on February 25, 2016.

Since the crime that the court below decided against the defendant and the crime for which the above judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after considering equity and equality in the case of concurrent crimes pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is the first head of the lower judgment on February 17, 2016 and the judgment on February 25, 2016 became final and conclusive on the following grounds: “The Defendant was sentenced to a suspended sentence of two years and a fine of three million won for a period of ten months by interfering with business affairs in the Incheon District Court on February 17, 2016.

“A previous conviction in the judgment of the court below” is added to “a prior conviction in the judgment of the court of first instance” at the end of the summary of the evidence and, except for adding “a copy of the court of first instance and the text of the judgment of the defendant (Seoul District Court Decision 2485, 2779, 2015, 856, 2015, 8566, 2015, 2015, 4638, 2015, 2015, 3638)” as stated in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.