The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. The summary of the grounds for appeal (an unfair form of punishment) of each judgment of the court below (an imprisonment with prison labor for three years and six months) is too unreasonable.

2. As the Defendant appealed from the judgment of the court below on official authority, and this court decided to consolidate the above two appeals cases, each of the offenses in the judgment below against the Defendant shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act.

Each judgment of the court below shall not be maintained as it is.

3. As such, each judgment of the court below (excluding the part of the compensation order) is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is as follows: (a) the crime of Bosing, such as this case, is committed in a systematic and planned manner; and (b) the damage caused to unspecified or many citizens; and (c) the social harm therefrom is very high; (d) the crime of Bosing requires strict punishment; (e) the crime of Bosing is committed in a divided manner through the participation of subordinate officers, such as the withdrawal, collection, and remittance; (e) the defendant is under the instructions of the accomplice, and (e) the defendant does not seem to have any degree of participation by performing the role as a cash collection measure; and (e) the amount of damage reaches KRW 1750,000,000, and may not be recovered from damage.