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

The above fine shall not be paid by the defendant.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

According to the evidence duly adopted and investigated by the lower court and the trial court, the Defendant may recognize the fact that the judgment became final and conclusive on July 25, 2014, in the case of a consolidation of two years of imprisonment with prison labor for fraud at the Incheon District Court on January 7, 2014, and ten months of imprisonment with prison labor at the Jung-gu District Court on February 12, 2014. Since the crime of this case is determined after examining whether to reduce or exempt punishment in consideration of equity and cases at the same time as each fraud, the lower court, which did not take such measures, cannot be upheld in this respect.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to two years from the Incheon District Court on January 7, 2014 to the crime of fraud, and on February 12, 2014 to the consolidation of the case after being sentenced to ten months from imprisonment for fraud at the Jung-gu District Court on February 12, 2014, the judgment became final and conclusive on July 25, 2014" in the first copy of the judgment of the court below; and "1. A previous conviction in the judgment of the court: the Incheon District Court 2014No310 case search" was added to each corresponding column of the judgment of the court below, except for the addition of "the search at the Incheon District Court 2014No310 case"

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;