The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. We examine ex officio prior to the judgment of the prosecutor’s grounds for appeal.

The prosecutor changed "11 total amount of 870,00,000 won" from among the facts charged in this case to "14 total amount of 1,070,000,000 won", and applied for the amendment of the indictment with the content that the attached list of crimes attached to the indictment in this case is changed to the attached list of crimes attached to this judgment. Since this court permitted this, the judgment of the court below was no longer maintained.

3. Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts of the crime and the evidence acknowledged by this court is that "1 total amount of 870,00,000 won" in the fourth sentence of the facts of the crime of the judgment of the court below is "total of 14 bonds total of 1,070,000 won," and the annexed list attached to this judgment of the court below is changed to the annexed list of crimes attached to this judgment, and "1. Defendant's court statement" in the summary of the evidence is "1. Defendant's court statement" in the summary of the evidence as "1. Defendant's original judgment and the court of original trial", and "1. Certification statement" is the same as each corresponding column of the court below's judgment, and this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 68 (9) of the Civil Execution Act and Article 68 (9) of the same Act concerning criminal facts, the selection of fines;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant has recognized and reflected the instant crime, and the defendant has shown an attitude against it.