Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

2. Before determining the grounds for appeal, the record reveals that the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court on February 21, 2012, and the above judgment became final and conclusive on June 2, 2012. As such, the crime of fraud, etc., for which the judgment became final and conclusive, is in a concurrent relationship between the latter part of Article 37 of the Criminal Act and the crime of this case, in accordance with the latter part of Article 39(1) of the Criminal Act, and determines punishment after considering equity and consideration of mitigation or exemption of punishment, and thus, the lower judgment cannot be maintained further in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant is as follows. The summary of the judgment of the court below is as follows: "The defendant was sentenced to imprisonment with prison labor for a period of one year and six months at the Seoul Central District Court on February 21, 2012, and the above judgment became final and conclusive on June 2, 2012," and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the addition of "1. the defendant's own trial statement" and "1. previous conviction in the judgment: judgment in the judgment of the court below". Thus, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant Articles 347 (1), 231, and 234 of the Criminal Act concerning the facts constituting an offense and Articles 347 (1), 231 and 234 of the Criminal Act;

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

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.