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 Prosecutor’s grounds for appeal prior to the judgment.

According to the records of this case, on May 26, 2020, the defendant was sentenced to imprisonment with prison labor for one year and six months and two years of suspension of execution for fraud, etc. in the Changwon District Court Msan Branch on May 26, 2020, and the judgment was finalized on June 3, 2020.

Since the Defendant’s crime of this case constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of final judgment, a punishment should be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where a judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

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

[Reasons for the judgment of the court below] The summary of the facts constituting a crime and evidence recognized by the court below and the summary of the evidence are as stated in the corresponding column of the judgment below, except for adding "a year and six months of imprisonment with prison labor and two years of suspended execution as a result of fraud, etc., in the first head of the crime column of the court below's judgment, [criminal records] defendant was sentenced to imprisonment with prison labor and two years of suspended execution as of May 26, 2020, and the judgment became final and conclusive on June 3, 2020."

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite his/her past record of punishment for the same kind of crime, is not familiar with the period of suspension of execution.