The sentence against the accused shall be determined by a fine of KRW 1,00,000.

Defendant. A fine.

2. To examine ex officio prior to the judgment on the grounds for appeal against the market.

According to the records, on August 11, 2016, the Defendant was sentenced to imprisonment of two years and two months for fraud at the Seoul Northern District Court, and on August 19, 2016, recognized the fact that the judgment became final and conclusive.

The crime of the judgment of the court below against the defendant and the crime of fraud for which judgment has become final and conclusive shall be sentenced to punishment for the crime of the court below in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal Act with respect to which judgment is concurrently rendered in accordance with

Therefore, the judgment of the court below cannot be maintained as it is.

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

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: (a) except for the addition of “two years and two months imprisonment with prison labor at the Seoul Northern District Court on August 11, 2016 and the judgment became final and conclusive on August 19, 2016” to the first head of the facts charged, the summary of the facts charged and the evidence is identical to each corresponding column of the judgment of the court below; and (b) thus, it is acceptable in accordance with Article 369 of

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. There is no significant change in circumstances after the judgment of the court below on the reason of sentencing in Articles 70(1) and 69(2) of the Criminal Act with respect to detention in the workhouse.

The sentencing of the judgment of the court below also seems to be determined by taking into account the equity between the case where the judgment was rendered at the same time as the judgment becomes final and conclusive.

The defendant is punished for fraud.