Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

2. Prior to the judgment on the Defendant’s argument of illegality of sentencing ex officio, following the judgment of the Seoul Northern District Court Decision 2017 High Court Decision 2985, etc., Seoul Northern District Court Decision 2017No2370, and Supreme Court Decision 2018Do1377, Nov. 16, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny on November 16, 2017 and the judgment became final and conclusive on March 13, 2018. As such, the above larceny for which each of the crimes and the judgment of the lower court against the Defendant became final and conclusive on March 13, 2018 is related to a single concurrent crime under Article 37 of the Criminal Act, and thus, the lower judgment cannot be maintained as it is.

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

【Judgment in Seoul Northern District Court sentenced the Defendant to the punishment of larceny on November 16, 2017 and the judgment in March 13, 2018 became final and conclusive on March 13, 2018.

In addition, “a summary of evidence” was added to “a summary of the judgment of the court below” at the end, and “a summary of evidence” as stated in the judgment of the court below is the same as stated in each corresponding column in the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (abstinence and a fine) regarding criminal facts and Article 366 of the Criminal Act (abstinence and damage to property).