All the judgment below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

The documents seized by the Financial Supervisory Commission.

1. The main point of the grounds for appeal is that each of the original judgments (the first instance judgment: imprisonment with prison labor for two years and confiscation; and the second instance judgment: imprisonment with prison labor for four months) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above two appeals together for a new trial.

Since the first and second original judgment's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act, the first and second original judgment cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are all the facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence are the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 229 and 225 of the Criminal Act;

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

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Articles 25 (1) 1, 31 (1) and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Fraud) [Determination of Punishment] Fraudulent Act (Type 2]. The organized fraud [Type 2] is not less than KRW 100 million, and less than KRW 500 million (special person] mitigation element: An unspecified or an aggravated element of simple participation: