All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. The respective sentence of the court below (the first instance court: the imprisonment of 1 year and 6 months, and the second instance court: the imprisonment of 6 months) is too unreasonable.

B. According to the evidence revealed in the instant case by the prosecutor, among the facts charged in the second instance judgment, the conspiracy relation between the Defendant and M is recognized as to the sum of KRW 197.1 million among the amounts listed in the [Attachment 6] No. 2250,000 among the amounts listed in the [Attachment 7] No. 7-14 of the crimes charged in the judgment of the second instance, as well as the remaining convictions, and thus, the second instance judgment which acquitted the Defendant of this part of the facts charged

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, each court of original judgment rendered a separate judgment after examining the defendant's grounds for appeal, and the defendant filed an appeal against each of the above judgments and decided to hold a joint hearing by this court. Each of the offenses against the defendant in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be pronounced simultaneously in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below against the defendant can no longer be maintained.

Even if there is a ground for ex officio reversal, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles still is subject to the judgment of this court.

B. The second instance judgment on the prosecutor's assertion of mistake of facts or misapprehension of the legal principles is insufficient to recognize the fact that the defendant, in collusion with M, acquired the total sum of KRW 2250,000 and KRW 197,100,000,00 among the amount stated in the [Attachment 6] No. 7 or 14 of the attached crime list, based on the evidence submitted by the prosecutor, in collusion with M, and on the grounds that there is no other evidence to acknowledge it,

The above judgment of the court below is in this case.