Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant was sentenced to a suspended sentence of three months of imprisonment for fraud at the Seoul Western District Court on January 9, 2015, and the above judgment becomes final and conclusive on January 17, 2015. The crime of the judgment below against the defendant and the above crime of fraud, which became final and conclusive on January 17, 2015, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the judgment of the court below in consideration of equity with the case where the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act. Therefore,

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to one year of suspension of the execution of imprisonment for a term of fraud at the Seoul Western District Court on January 9, 2015 and the judgment became final and conclusive on January 17, 2015" in the summary of the evidence; and "1. A copy of the judgment rendered by the Seoul Western District Court 2014No1481 is the same as each corresponding column of the judgment of the court below, except for addition of "a copy of the judgment rendered by the Seoul Western District Court 2014No1481" in the summary of the evidence. Thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same crime as this case.