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

The above fine shall not be paid by the defendant.

2. According to the records of ex officio determination, on June 9, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of fraud or attempted fraud, and both the Defendant and the public prosecutor appealed, but the court was sentenced to dismissal of the appeal by this court on October 6, 2016. While the Defendant appealed, it can be acknowledged that the judgment became final and conclusive after being sentenced to dismissal of the appeal on December 8, 2016.

As a result of the conclusion of the above judgment, the defendant's crime of this case and the crime of fraud and attempted fraud are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for each crime of this case in consideration of equity in the case where it is judged at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act. In this regard, the judgment below

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence are as stated in the judgment of the court below, except that "the defendant was sentenced to one year from June 9, 2016 to imprisonment with prison labor for a crime of fraud and a crime of attempted fraud, and all the prosecutors appealed from the Gwangju District Court, but the same court was sentenced to dismissal of appeal on October 6, 2016, and the defendant appealed from the appeal, but the judgment became final and conclusive after being sentenced to dismissal of appeal on December 8, 2016, although the defendant appealed from the appeal, as stated in each corresponding column of the judgment of the court below."

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;