Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

2. Before the judgment on the grounds for appeal (ex officio judgment), the records of this case show that the Defendant was sentenced to a suspended sentence of 8 months at the Seoul Central District Court on October 1, 2013 to imprisonment with prison labor for a violation of the Military Service Act on October 9, 2013, and the facts established on October 9, 2013 can be recognized. As such, the crime of violating the Military Service Act and the crime of fraud of this case, etc., for which the judgment became final and conclusive, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and determine punishment after considering equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after oral argument.

Criminal facts

The summary of the facts charged and evidence in this case is to add "the defendant was sentenced to a suspended sentence of 2 years for the violation of the Military Service Act at the Seoul Central District Court on October 1, 2013, which became final and conclusive on October 9, 2013," to the summary of the evidence as follows: "The defendant was sentenced to a suspended sentence of 2 years for the violation of the Military Service Act at the Seoul Central District Court on October 1, 2013."

1. In addition to addition of references to criminal records and copies of written judgments, the same shall apply to each corresponding column of the lower judgment, and thus, the same shall be cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 329, 347 (1) and 347-2 of the Criminal Act, the choice of fines for the crime, and the choice of fines for the crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;