All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.

40,000,000 won from the defendant.

1. The summary of the grounds for appeal (No. 4 years of imprisonment with prison labor and no. 2 months of imprisonment with prison labor) declared by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the sentencing of the defendant on the grounds of ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 114 of the Criminal Act applicable to the crime, the choice of punishment, Article 114 of the Criminal Act (including admission to and activities of a criminal organization), Articles 347(1) and 30 of the Criminal Act, Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 3(1)1 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Articles 10(1) and 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment is that any of the crimes in this case is committed against many and unspecified persons, and that the crime is committed systematically and systematically.

The period during which the defendant participated in the Bophishing organization of this case and the above period.