Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

2. Reviewing ex officio determination, the records of this case reveals that the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Eastern District Court on June 7, 2018, and the above judgment became final and conclusive on September 21, 2018.

Thus, the crime of fraud in this case committed before the above judgment becomes final and conclusive is in the relation of concurrent crimes after Article 37 of the Criminal Code, and it is necessary to apply Article 39 (1) of the Criminal Code, so the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with 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 after pleading.

[Reasons for the new judgment] The summary of facts constituting a crime and evidence recognized by this court is as follows: “The defendant was sentenced to five months of imprisonment for fraud at the Seoul Eastern District Court on June 7, 2018 and the above judgment became final and conclusive on September 21, 2018.” The summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for addition of “1. A previous conviction: Seoul Eastern District Court Decision 2018 High Court Decision 2027 High Court Decision 2018 High Court Decision 2018 High Court Decision 2018 High Court Decision 841 High Court Decision, Seoul Eastern District Court Decision 2018 High Court Decision 201Da369 of the Criminal Procedure Act.”

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the defendant is attempting to commit a crime, and the defendant pays money equivalent to the amount of damage to the victim.