A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

2. It is recognized that the crime of this case was committed in collusion with Co-Defendant 2 in order to conduct business registration under the name of the defendant, and there was a record of being punished several times due to fraud, including the same crime before, and in particular, committed the crime of this case during the period of repeated crime.

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes, thereby contravening his mistake; (b) the equity in the case of a judgment at the same time with the final judgment of fraud, etc. on December 29, 2012; and (c) the Defendant’s age, environment, family relationship, occupation, and the circumstances surrounding the instant crime, etc., the sentence of the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court are as follows: "Defendant B was sentenced to 8 months of imprisonment with prison labor at the Changwon District Court on December 21, 2012 and the above judgment became final and conclusive on the 29th day of the same month due to fraud, etc." 1. The abstract of the evidence "B" is the same as the corresponding column of the judgment of the court below except for addition of "B". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, and the choice of fines for the crime;

1. To treat concurrent crimes;