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

The above fine shall not be paid by the defendant.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records of this case, on August 11, 2016, the defendant was sentenced to six months of imprisonment with prison labor for a public performance obscene crime at the Ulsan District Court for a public performance, and the judgment became final and conclusive on November 25, 2016, which was subsequent to the sentence of the lower court. The crime of the lower judgment in relation to the above public performance and the group concurrent crimes after Article 37 of the Criminal Act, is determined by taking into account the equity with the case to be adjudicated at the same time pursuant to Article 39(1) of the Criminal Act. Thus, the lower court’s judgment was no longer upheld.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing as seen above, and the following is again decided after pleading.

【The reasoning of the judgment that was used again 【The facts constituting the crime and the summary of the evidence recognized by the court below and the summary of the evidence are all recorded in the facts constituting the crime of the court below, except for adding “The defendant was sentenced to six months of imprisonment with prison labor for an obscene crime at the Ulsan District Court on August 11, 2016, and the judgment became final and conclusive on November 25, 2016,” as stated in the records of the crime of the court below, it is identical to each corresponding part of the court below’s judgment. Accordingly, it is cited in accordance with Article

Application of Statutes

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant's crime is not only an act of impairing the credibility of the safety performance of electronic financial transactions, but also the defendant's transfer.