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

The above fine shall not be paid by the defendant.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

On October 15, 2008, the Defendant issued a summary order of KRW 500,000 as a penalty for fraud at the Seoul Southern District Court, and on December 24, 2008, the summary order became final and conclusive on December 24, 2008. The lower court deemed that the crime of fraud of this case was in the relation of fraud for which the above summary order has become final and the concurrent crimes under the latter part of Article 37 of the Criminal Act, and determined the punishment for the Defendant after applying Article 39(1) of

However, the latter part of Article 37 of the Criminal Act, amended by Act No. 7077 of Jan. 20, 2004, which entered into force on the same day, provides that "the crime for which a judgment to be sentenced to imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive shall be deemed concurrent crimes." Thus, the above crime of fraud for which a summary order against the defendant has become final and conclusive and the crime of fraud

Nevertheless, the lower court determined a sentence against the Defendant by applying the latter part of Article 37 and Article 39(1) of the Criminal Act, so the lower judgment was no longer maintained.

3. Accordingly, 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 constituting an offense and the summary of the evidence acknowledged by this court is identical to the facts constituting an offense in the original judgment, except for all deletion of the facts constituting an offense in the original judgment and the facts constituting an offense in the original judgment. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;