The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The sentence of the court below (two years of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspension of execution on March 28, 2019 in Seoul Eastern District Court 2018Kadan3285, which became final and conclusive on April 14, 2020 (Seoul Eastern District Court 2019No510). Since the crime in the judgment of the court below is in the concurrent relationship between the crime of violation of the Financial Investment Services and Capital Markets Act and the latter part of Article 37 of the Criminal Act, since the crime in the judgment of the court below is in the concurrent relationship between the crime of violation of the Financial Investment Services and Capital Markets Act and the crime of violation of the latter part of Article 39(1) of the Criminal Act, the sentence shall be determined after considering the equity and the reduction or exemption of punishment

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, which omitted the judgment on the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered

[C] The summary of the facts of the crime and the evidence admitted by the court below is identical to the facts of the crime in the judgment of the court below, except that "the defendant is a person who was sentenced on March 28, 2019 to six months of imprisonment with prison labor and one year of suspended execution at the Seoul Eastern District Court on the violation of the Financial Investment Services and Capital Markets Act and confirmed on April 14, 2020" is added to "1. The summary of the evidence is as stated in the judgment of the court below," and "the facts of the criminal record in the judgment of 1." is added to "the facts of the judgment of the court below at the end of the summary of the evidence" as stated in each corresponding column of the judgment of the court below, so it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) and (1) of the Criminal Act and the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.