Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the records of this case revealed that the Defendant was sentenced to six months of imprisonment with prison labor by the Suwon District Court for larceny on August 31, 2012, and the above judgment became final and conclusive on September 8, 2012. The above crime for which the judgment became final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act. In such a case, the punishment should be determined in consideration of equity with the case where the judgment is rendered at the same time under Article 39(1) of the Criminal Act.

Therefore, in accordance with Article 39(1) of the Criminal Act, the judgment of the court below which did not determine punishment for the crime of this case can no longer be maintained.

3. Therefore, 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 judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The first head of the judgment of the court below added "the defendant is a person who was sentenced to six months of imprisonment with prison labor from the Suwon District Court for larceny on August 31, 2012 and the above judgment became final and conclusive on September 8, 2012" to "the summary of the evidence in the judgment of the court below" 1. The results of the case search, and the copy of the judgment is the same as that of each corresponding column of the judgment of the court below, since it is the same as the addition of "the copy of the judgment" in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, the selection of a fine for negligence, and the selection of a fine for negligence;

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

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;