The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court’s punishment of Defendant 2 (7 million won) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, in a case where a person who committed an accusation against the Defendant and the prosecutor voluntarily surrenders himself/herself before the judgment or disciplinary action on a case on which a false fact was reported, the punishment shall be mitigated or exempted (Articles 157 and 153 of the Criminal Act). According to the records, C and D, who was arrested by the Defendant, was not prosecuted, and the Defendant may recognize the fact that he/she led to a confession against C and D in the trial. As such, in accordance with Articles 157 and 153 of the Criminal Act, the punishment against the Defendant shall be determined after the necessary mitigation or exemption. In this respect, the lower judgment cannot be maintained any further.

3. In conclusion, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading, on the ground that there is a ground for reversal ex officio as above.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law (a confession, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act, which have no record of criminal punishment exceeding the fine, the confession of the instant accusation in the trial, and C and D are the same as that of the Defendant.